Privacy Policy

Last updated: January 6, 2023

The privacy of your data is a big deal to us. In this policy, we lay out: what data we collect and why; how your data is handled; and your rights with respect to your data. We promise we never sell your data.

This policy applies to Swampy, a product built and maintained by Tunebat LLC.

What we collect and why

Our guiding principle is to collect only what we need. Here’s what that means in practice:

Identity & access

When you sign up for Swampy, we ask for identifying information such as your name, email address, and maybe a company name. That’s so you can personalize your new account, and we can send you product updates and other essential information. We may also send you optional surveys from time to time to help us understand how you use our products and to make improvements. With your consent, we will send you our newsletter and other updates. We sometimes also give you the option to add a profile picture that displays in our products.

We’ll never sell your personal information to third parties, and we won’t use your name or company in marketing statements without your permission either.

Billing information

If you sign up for a paid Swampy product, you will be asked to provide your payment information and billing address. Credit card information is submitted directly to our payment processor and doesn’t hit Tunebat servers. We store a record of the payment transaction, including the last 4 digits of the credit card number, for purposes of account history, invoicing, and billing support. We store your billing address (automatically collected or provided by you) so we can charge you for service, calculate any sales tax due, send you invoices, and detect fraudulent credit card transactions. We occasionally use aggregate billing information to guide our marketing efforts.

Product interactions

We store on our servers the content that you upload or receive or maintain in your Swampy accounts. This is so you can use our products as intended. We keep this content as long as your account is active. If you delete your account, we’ll delete the content within 60 days.

Geolocation data

We may log the full IP address used to sign up a product account and retain that for use in mitigating future spammy signups. We also may log all account access by full IP address for security and fraud prevention purposes, and we may keep this login data for as long as your product account is active.

Website interactions

We collect information about your browsing activity for analytics and statistical purposes such as conversion rate testing and experimenting with new product designs. This includes, for example, your browser and operating system versions, your IP address, which web pages you visited and how long they took to load, and which website referred you to us. If you have an account and are signed in, these web analytics data are tied to your IP address and user account until your account is no longer active. The web analytics we use are described further in the Advertising and Cookies section.

Anti-bot assessments

We use CAPTCHA across our applications to mitigate brute force logins and as a means of spam protection. We have a legitimate interest in protecting our apps and the broader Internet community from credential stuffing attacks and spam. When you log into your Swampy accounts and when you fill in certain forms in Swampy, the CAPTCHA service evaluates various information (e.g., IP address, how long the visitor has been on the app, mouse movements) to try to detect if the activity is from an automated program instead of a human. The CAPTCHA service then provides Tunebat with the spam score results; we do not have access to the evaluated information.

Advertising and Cookies

Tunebat runs contextual ads on various third-party platforms such as Google, Reddit, and LinkedIn. Users who click on one of our ads will be sent to one of our marketing sites. Where permissible under law, we may load an ad-company script on their browsers that sets a third-party cookie and sends information to the ad network to enable evaluation of the effectiveness of our ads, e.g., which ad they clicked and which keyword triggered the ad, and whether they performed certain actions such as clicking a button or submitting a form.

We also use persistent first-party cookies and some third-party cookies to store certain preferences, make it easier for you to use our applications, and perform A/B testing as well as support some analytics.

A cookie is a piece of text stored by your browser. It may help remember login information and site preferences. It might also collect information such as your browser type, operating system, web pages visited, duration of visit, content viewed, and other click-stream data. You can adjust cookie retention settings and accept or block individual cookies in your browser settings, although our apps won’t work and other aspects of our service may not function properly if you turn cookies off.

Voluntary correspondence

When you email Tunebat with a question or to ask for help, we keep that correspondence, including your email address, so that we have a history of past correspondence to reference if you reach out in the future.

We also store information you may volunteer, for example, written responses to surveys. If you agree to a customer interview, we may ask for your permission to record the conversation for future reference or use. We will only do so with your express consent.

How we approach mobile app permissions

We offer optional desktop and mobile apps for some of our products. Because of how the platforms are designed, our apps typically must request your consent before accessing contacts, calendar, camera, and other privacy-sensitive features of your device. Consent is always optional and our apps will function without it, though some features may be unavailable.

To provide products or services you’ve requested. We use some third-party subprocessors to help run our applications and provide the Services to you. We also use third-party processors for other business functions such as managing newsletter subscriptions, sending customer surveys, and providing our company storefront. For a list of subprocessors see Subprocessors below.

We may share your information at your direction if you integrate a third-party service into your use of our products. For example, we may allow you, at your option, to connect your Gmail account to your Swampy account so that you can use Gmail to login to Swampy.

No Tunebat human looks at your content except for limited purposes, for example, if an error occurs that stops an automated process from working and requires manual intervention to fix. We may also access your data if required in order to respond to legal process (see “When required under applicable law” below).

To investigate, prevent, or take action regarding restricted uses. We may access a user’s account when investigating potential abuse. If we discover you are using our products for a restricted purpose, we will take action as necessary, including notifying appropriate authorities where warranted.

When required under applicable law.

Tunebat LLC is a U.S. company and data infrastructure are located in multiple countries around the world.

Requests for user data. Our policy is to not respond to government requests for user data unless we are compelled by legal process or in limited circumstances in the event of an emergency request. However, if U.S. law enforcement authorities have the necessary warrant, criminal subpoena, or court order requiring us to share data, we must comply. Likewise, we will only respond to requests from government authorities outside the U.S. if compelled by the U.S. government through procedures outlined in a mutual legal assistance treaty or agreement. It is Tunebat’s policy to notify affected users before we share data unless we are legally prohibited from doing so, and except in some emergency cases.
Preservation requests. Similarly, Tunebat’s policy is to comply with requests to preserve data only if compelled by the U.S. Federal Stored Communications Act, 18 U.S.C. Section 2703(f), or by a properly served U.S. subpoena for civil matters. We do not share preserved data unless required by law or compelled by a court order that we choose not to appeal. Furthermore, unless we receive a proper warrant, court order, or subpoena before the required preservation period expires, we will destroy any preserved copies of customer data at the end of the preservation period.
If we are audited by a tax authority, we may be required to share billing-related information. If that happens, we will share only the minimum needed, such as billing addresses and tax exemption information.

Finally, if Tunebat LLC is acquired by or merges with another company we’ll notify you before any of your personal information is transferred or becomes subject to a different privacy policy.

Your rights with respect to your information

At Tunebat, we strive to apply the same data rights to all customers, regardless of their location. Some of these rights include:

Right to Know. You have the right to know what personal information is collected, used, shared or sold. We outline both the categories and specific bits of data we collect, as well as how they are used, in this privacy policy.
Right of Access. This includes your right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security and processing of that information.
Right to Correction. You have the right to request correction of your personal information.
Right to Erasure / “To Be Forgotten”. This is your right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession and, by extension, from all of our service providers. Fulfillment of some data deletion requests may prevent you from using Tunebat services because our applications may then no longer work. In such cases, a data deletion request may result in closing your account.
Right to Complain. You have the right to make a complaint regarding our handling of your personal information with the appropriate supervisory authority.
Right to Restrict Processing. This is your right to request restriction of how and why your personal information is used or processed, including opting out of sale of personal information. (Again: we never have and never will sell your personal data.)
Right to Object. You have the right, in certain situations, to object to how or why your personal information is processed.
Right to Portability. You have the right to receive the personal information we have about you and the right to transmit it to another party. If you want to export data from your accounts, you can do so by making a request to [email protected].
Right to not Be Subject to Automated Decision-Making. You have the right to object to and prevent any decision that could have a legal or similarly significant effect on you from being made solely based on automated processes. This right is limited if the decision is necessary for performance of any contract between you and us, is allowed by applicable law, or is based on your explicit consent.
Right to Non-Discrimination. We do not and will not charge you a different amount to use our products, offer you different discounts, or give you a lower level of customer service because you have exercised your data privacy rights. However, the exercise of certain rights may, by virtue of your exercising those rights, prevent you from using our Services.

Many of these rights can be exercised by signing in and updating your account information.

If you have questions about exercising these rights or need assistance, please contact us at [email protected]. If an authorized agent is corresponding on your behalf, we will need written consent with a signature from the account holder before proceeding.

How we secure your data

All data is encrypted via SSL/TLS when transmitted from our servers to your browser.

Most data are not encrypted while they live in our database (since they need to be ready to send to you when you need them).

What happens when you delete content in your product accounts

If you choose to delete content or delete your account, your content will become immediately inaccessible and should be purged from our systems in full within 60 days. This applies both for cases when an account owner directly deletes and for auto-deleted accounts.

Location of site and data

Our products and other web properties are operated in the United States. If you are located in the European Union, UK, or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to and stored in the United States. By using our websites or Services and/or providing us with your personal information, you consent to this transfer.

Subprocessors

We use third party subprocessors, such as cloud computing providers and customer support software, to run Swampy (the service).

The following is a list of personal data subprocessors we use:

Cloudflare. Cloud services provider.
Supabase. Cloud services provider.
Vercel. Cloud services provider.
hCaptcha. Anti-bot protection.
Sendgrid. Transactional email service.
Plausible. Analytics service provider.

Changes & questions

We may update this policy as needed to comply with relevant regulations and reflect any new practices. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify users.

Have any questions, comments, or concerns about this privacy policy, your data, or your rights with respect to your information? Please get in touch by emailing us at [email protected] and we’ll be happy to try to answer them!

This policy is open source, licensed under CC BY 4.0, adapted from Basecamp open-source policies