Terms of Use

Welcome to PICSO!

These Terms of Use govern your use of PICSO and provide information about the PICSO Service, outlined below. When you create an PICSO account or use PICSO, you agree to these terms.

The PICSO Service is provided to you by SWAP Lifestyle Limited. These Terms of Use therefore constitute an agreement between you and SWAP Lifestyle Limited.

The PICSO Service

We agree to provide you with the PICSO Service. The Service includes all of the PICSO products, features, applications, services, technologies, and software that we provide to advance PICSO's mission: To make it easy for people to craft their own travel experience by helping them discover the hidden gems of the world through photos. The Service is made up of the following aspects (the Service):

  • Offering personalized opportunities to discover, create, connect, communicate, and share.
    We build systems that try to understand who and what you and others care about, and use that information to help you discover, create, and share in travel experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to experience PICSO, based on things you and others do on and off PICSO.

  • Developing and using technologies that help us consistently serve our growing community.
    Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.

  • Ensuring a stable global infrastructure for our Service.
    To provide our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. This infrastructure may be owned or operated by SWAP Lifestyle Limited and it’s cloud service provider.

  • Connecting you with brands, products, and services in ways you care about.
    We use data from PICSO, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on PICSO.

  • Research and innovation.
    We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

The Data Policy

Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information across PICSO Service. You must agree to the Data Policy to use PICSO.

The Data Policy describes the information we process to support PICSO and features offered by PICSO (Products).

I. What kinds of information do we collect?

To provide the PICSO Service, we must process information about you. The types of information we collect depend on how you use our Products.

Things you and others do and provide.

  • Information and content you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. It can also include what you see through features we provide, such as our camera, so we can do things like suggest masks and filters that you might like, or give you tips on using camera formats. Our systems automatically process content and communications you and others provide to analyze context and what's in them for the purposes described below.

  • Networks and connections. We collect information about the people, page, accounts, hashtags and groups you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups you are part of.

  • Your usage. We collect information about how you use our Products, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what posts, videos and other content you view on our Products. We also collect information about how you use features like our camera.

  • Information about transactions made on our Products. If you use our Products for purchases or other financial transactions (such as when you make a purchase in a game or make a donation), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details.

  • Things others do and information they provide about you. We also receive and analyze content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information.

 

Device Information

As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use. For example, we use information collected about your use of our Products on your phone to better personalize the content or features you see when you use our Products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone on a different device.

Information we obtain from these devices includes:

  • Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.

  • Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).

  • Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs.

  • Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.

  • Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.

  • Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network.

  • Cookie data: data from cookies stored on your device, including cookie IDs and settings.

 

II. How do we use this information?

We use the information we have (subject to choices you make) as described below and to provide and support PICSO Service. Here's how:

 

Provide, personalize and improve our Products.

We use the information we have to deliver our Products, including to personalize features and content and make suggestions for you on and off our Products. To create personalized Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others (including any data with special protections you choose to provide); how you use and interact with our Products; and the people, places, or things you're connected to and interested in on and off our Products.

  • Information across PICSO Products and devices: We connect information about your activities on different PICSO Products and devices to provide a more tailored and consistent experience on all PICSO Products you use, wherever you use them.

  • Location-related information: We use location-related information-such as your current location, where you live, the places you like to go, and the businesses and people you're near-to provide, personalize and improve our Products, including ads, for you and others. Location-related information can be based on things like precise device location (if you've allowed us to collect it), IP addresses, and information from your and others' use of PICSO Products (such as check-ins or events you attend).

  • Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.

  • Ads and other sponsored content: We use the information we have about you-including information about your interests, actions and connections-to select and personalize ads, offers and other sponsored content that we show you.

 

Provide measurement, analytics, and other business services.

We use the information we have (including your activity off our Products, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps, and services. 

Promote safety, integrity and security.

We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of PICSO Products. For example, we use data we have to investigate suspicious activity or violations of our terms or policies, or to detect when someone needs help.

Communicate with you.

We use the information we have to send you marketing communications, communicate with you about our Products, and let you know about our policies and terms. We also use your information to respond to you when you contact us.

 

III. How is this information shared?

Your information is shared with others in the following ways:

 

Sharing on PICSO Products

People and accounts you share and communicate with

When you share and communicate using our Products, you choose the audience for what you share. Your network can also see actions you have taken on our Products, including engagement with ads and sponsored content.

Public information can be seen by anyone, on or off our Products, including if they don't have an account. This includes your PICSO username; any content and related information you have published. You, other people using PICSO, and we can provide access to or send public information to anyone on or off our Products. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products.

Content others share or reshare about you

People who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience you shared with. Also, when you comment on someone else's post or react to their content, your comment or reaction is visible to anyone who can see the other person's content, and that person can change the audience later.

People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you or tag you at a location in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products, please contact us.

 

Apps, websites, and third-party integrations on or using our Products.

When you choose to use third-party apps, websites, or other services that use, or are integrated with, our Products, they can receive information about what you post or share. Also, when you download or use such third-party services, they can access your public profile on PICSO, and any information that you share with them. Information collected by these third-party services is subject to their own terms and policies, not this one.

Devices and operating systems providing native versions of PICSO (i.e. where we have not developed our own first-party apps) will have access to all information you choose to share with them, including information your friends share with you, so they can provide our core functionality to you.

New owner.

If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner.

 

Sharing with Third-Party Partners

We work with third-party partners who help us provide and improve our Products which makes it possible to operate our companies and provide free services to people around the world. We don't sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties we share information with:

Partners who use our analytics services.

We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their posts, listings, Pages, videos and other content on and off the PICSO Products. For example, Page admins and PICSO business profiles receive information about the number of people or accounts who viewed, reacted to, or commented on their posts, as well as aggregate demographic and other information that helps them understand interactions with their Page or account.

Advertisers.

We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We also confirm which PICSO ads led you to make a purchase or take an action with an advertiser.

Measurement partners.

We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.

Partners offering goods and services in our Products.

When you subscribe to receive premium content, or buy something from a seller in our Products, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details.

Vendors and service providers.

We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments or conducting surveys.

Law enforcement or legal requests.

We share information with law enforcement or in response to legal requests.

 

IV. How can I manage or delete information about me?

We provide you with the ability to access, rectify, port and erase your data.

We store data until it is no longer necessary to provide our services and PICSO Products, or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needsIf you submit a copy of your government-issued ID for account verification purposes, we delete that copy 30 days after submission.

When you delete your account, we delete things you have posted, such as your photos and status updates, and you won't be able to recover that information later. Information that others have shared about you isn't part of your account and won't be deleted. If you don't want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. Please contact us for more information
 

V. How do we respond to legal requests or prevent harm?

We access, preserve and share your information with regulators, law enforcement or others:

  • 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 when 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.

  • When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products.

 

Information we receive about you (including financial transaction data related to purchases made with PICSO) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.


 

VI. How do we operate and transfer data as part of our global services?

We share information globally, both internally within the PICSO Companies, and externally with our partners and with those you connect and share with around the world in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the services set forth in the PICSO Terms and to globally operate and provide our Products to you.


 

VII. How will we notify you of changes to this policy?

We'll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Products.

 

Your Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who Can Use PICSO. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the PICSO community.

  • You must be at least 13 years old or the minimum legal age in your country to use PICSO.

  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.

  • We must not have previously disabled your account for violation of law or any of our policies.

  • You must not be a convicted sex offender.

 

How You Can't Use PICSO. Providing a safe and open Service for a broad community requires that we all do our part.

  • You can't impersonate others or provide inaccurate information.
    You don't have to disclose your identity on PICSO, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.

  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.

  • You can't violate (or help or encourage others to violate) these Terms

  • You can't do anything to interfere with or impair the intended operation of the Service.

  • You can't attempt to create accounts or access or collect information in unauthorized ways.
    This includes creating accounts or collecting information in an automated way without our express permission.

  • You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.

  • You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.

  • You can't use a domain name or URL in your username without our prior written consent.

  • You can't post nude, partially nude, or sexually suggestive photos.

  • You can't abuse, harass, threaten, impersonate or intimidate other PICSO users.

  • You can't modify, adapt or hack PICSO or modify another website so as to falsely imply that it is associated with PICSO.

  • You can't access PICSO's private API by any other means other than the PICSO application itself.

  • You can't crawl, scrape, or otherwise cache any content from PICSO including but not limited to user profiles and photos.

  • You can't create or submit unwanted email or comments to any PICSO members ("Spam").

  • You can't use web URLs in your name without prior written consent from PICSO.

  • You can't transmit any worms or viruses or any code of a destructive nature.

  • You can't, in the use of PICSO, violate any laws in your jurisdiction (including but not limited to copyright laws).

Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.

  • We do not claim ownership of your content, but you grant us a license to use it.
    Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, please contact us.

  • Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
    You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on PICSO, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on PICSO. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow.

  • You agree that we can download and install updates to the Service on your device.

You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the PICSO service.

Additional Rights We Retain

  • If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).

  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

  • You can only use our intellectual property and trademarks or similar marks with our prior written permission.

  • You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

  • We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If we take action to disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact us

  • Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.

Our Agreement and What Happens if We Disagree

Our Agreement.

  • If you use certain other features or related services, additional terms will be made available and will also become a part of our agreement. If any of those terms conflict with this agreement, those other terms will govern.

  • If any aspect of this agreement is unenforceable, the rest will remain in effect.

  • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

  • We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement.

  • This agreement does not give rights to any third parties.

  • You cannot transfer your rights or obligations under this agreement without our consent.

  • Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.


Who Is Responsible if Something Happens.

  • Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

  • We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

  • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

 

How We Will Handle Disputes.

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the court of our choosing in either Canada or United States, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the chosen country will govern these Terms and any claim, without regard to conflict of law provisions.

 

Unsolicited Material

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Violation

Violation of any of these agreements will result in the termination of your PICSO account. While PICSO prohibits such conduct and content on its site, you understand and agree that PICSO cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the PICSO service at your own risk.

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account

Revised: July 20, 2020