If you are accessing swsh for personal, non-commercial purposes, then your access and use of swsh is governed by our standard Terms of Use and Privacy Policy. If you are accessing swsh for commercial purposes as a business user (including on behalf of an entity or other organization that you represent), then your access and use of swsh is governed by our Brand Partnership and Platform License Agreement, Enterprise Terms, and Privacy Policy unless we agree to an alternative agreement with your entity or organization. In addition, if you ever discontinue access of swsh for commercial purposes as a business user but remain a user of swsh for your personal, non-commercial purposes, our standard Terms of Use will apply to your ongoing use of swsh.
This document highlights and clarifies a few of our legal stances.
If you represent an entity or other organization and wish to negotiate custom terms which govern access of swsh for commercial purposes as a business user, please contact us at [email protected]. We can provide a paper copy of our Brand Partnership and Platform License Agreement with the Enterprise Terms attached for your legal team to redline, which we will review on a case-by-case basis.
If you represent an entity or organization with stricter requirements, we’re happy to review any Master Service Agreement (MSA), Vendor Agreement, and/or Data Processing Agreement (DPA) that your team is required to rely on, subject to our legal review of your proposed terms and conditions. The negotiated agreement would be used in place of any of our standard agreements. Please contact [email protected] if you’d like to discuss starting the review process for your team’s own agreement.
If you are accessing swsh for commercial purposes as a business user, then certain features on swsh offer the ability for your entity or organization to designate a custom legal agreement (referred to as an Upload Agreement) that end users of swsh must agree to before interacting with your entity or organization via swsh. However, swsh does not take legal responsibility for the Upload Agreement which you present to end users. You are responsible for presenting such Upload Agreement to end users and ensuring that all end users affirmatively agree to your Upload Agreement. Your Upload Agreement should be reviewed and approved by your team in order to ensure that it is appropriate. For example, it is your entity’s or organization’s sole responsibility to ensure that the Upload Agreement that it makes available to end users provides your entity or organization with all necessary rights related to any end user data which you collect, use and share outside of the swsh platform.
The Upload Agreement will be displayed to end users before they upload photos and videos to your albums hosted on the swsh platform. End users must agree to your Upload Agreement before they’re able to contribute content to the album. While the Upload Agreement you provide remains your entity’s or organization’s sole responsibility as described above, the Upload Agreement will often include license grants which allow your entity or organization to rely on an end user’s content for marketing or other purposes. If you intend to rely on end user data outside of the swsh platform, then it is your responsibility to provide an appropriate Upload Agreement which allows such use.
Sample content upload agreement
When accessing swsh for commercial purposes as a business user, the relationship between you (or the entity or organization that you represent) and swsh with respect to end user data is largely an independent controller relationship, with the exception of certain personal data that swsh may collect solely on your behalf (which depends on the scope of our services). We operate as an independent data controller with respect to all data transmitted by end users through the swsh platform and who are accessing swsh for personal non-commercial purposes. This includes (but is not limited to) photo and video data, account data, chat data and biometric data, provided to us by end users accessing swsh for personal non-commercial purposes. This posture helps reduce risk for your team because swsh’s use of the data is governed by legal agreements that swsh enters into directly with end users, like its Terms of Use and Privacy Policy.
When accessing swsh for commercial purposes as a business user, we are a data processor with respect to personal data of authorized users in order to invite them to use swsh, and end user personal data that we process solely on your behalf, such as responses to custom forms that we offer to your album participants as part of our services or names and email addresses that you provide us for the purpose of inviting employees to use swsh.
If you have any questions, concerns, or requests, please contact [email protected]. We’re happy to discuss customized terms or requirements as needed.