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PART I: PRIVACY POLICY At bswanky.com, we respect your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, share, and safeguard your information when you visit our website. It covers compliance with both the General Data Protection Regulation (GDPR) for European users and the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for U.S. users, including residents of California.
1. Responsible Entity for Data Processing bswanky.com
Email: info@bswanky.com
We collect, process, and use your data only within the legal framework provided by the GDPR and other applicable data protection laws.
2. Information We Collect We collect the following types of information when you interact with our website:
Personal Data: Includes your name, email address, phone number, and other contact details when you submit a form, subscribe to a newsletter, or engage with our services.
Usage Data / Server Logfiles: Includes data automatically collected when you visit our website, such as your IP address, browser type, operating system, pages visited, and the time spent on each page.
Cookies and Tracking Technologies: We use cookies and similar technologies to enhance your browsing experience.
3. Legal Basis and How We Use Your Data We process and use your data only for the specific purposes outlined below:
Service Delivery: To provide, maintain, and improve our services (Art. 6 Abs. 1 lit. b GDPR).
Communication: To respond to your inquiries and send you newsletters if you have opted in (Art. 6 Abs. 1 lit. a & f GDPR).
Website Optimization: To analyze website usage, server logfiles, and improve technical functionality (Art. 6 Abs. 1 lit. f GDPR – legitimate interest in IT security and performance).
Compliance: To comply with legal requirements and safeguard our legal rights (Art. 6 Abs. 1 lit. c & f GDPR).
4. Third-Party Sharing & International Data Transfer Your data will be stored on secure servers managed by Edelsbacher Design Group, Inc. in the USA. We do not sell your personal data to third parties. We may share your data with trusted third-party service providers (e.g., payment processors, hosting services, or analytics providers) to assist in operating the website or delivering services.
For Users in the European Union (Data Transfer to the USA): As we are not certified under the EU-U.S. Data Privacy Framework (DPF), any transfer of personal data to our entities or third-party processors in the United States is legally secured by the execution of the European Commission’s Standard Contractual Clauses (SCCs) pursuant to Art. 46 Abs. 2 lit. c GDPR, ensuring an equivalent level of data protection.
5. Your Rights (GDPR & CCPA/CPRA) For European Users (GDPR): Right to Access (Art. 15): Request a copy of the personal data we hold about you.
Right to Rectification (Art. 16): Request corrections to any inaccurate data.
Right to Erasure (Art. 17): Request the deletion of your personal data.
Right to Data Portability (Art. 20): Request a copy of your data in a structured, machine-readable format.
Right to Restrict Processing (Art. 18): Ask us to limit the use of your data.
Right to Object (Art. 21): Object to data processing based on legitimate interests or direct marketing.
Right to Complain (Art. 77): You have the legal right to lodge a complaint with a data protection supervisory authority if you believe our processing violates the GDPR.
For California Residents (CCPA/CPRA): Right to Know: Request details about the personal data collected over the last 12 months.
Right to Delete: Request deletion of personal information, subject to certain legal exceptions.
Right to Opt-Out of Sale/Sharing: We do not sell data. However, you retain the right to opt-out should practices change.
Right to Non-Discrimination: You will not face discrimination for exercising your privacy rights.
To exercise any of these rights, please contact us at info@bswanky.com.
6. Newsletter Subscriptions If you subscribe to our newsletter, we collect your email address based on your consent (Art. 6 Abs. 1 lit. a GDPR). We use a secure double opt-in confirmation procedure. You can unsubscribe at any time by clicking the "Unsubscribe" link in the email or contacting us directly at info@bswanky.com.
7. Cookies and Tracking We use cookies to enhance your experience on Bswanky.com.
For European Users: Non-essential cookies (such as Google Analytics) are blocked by default and will only be activated if you provide explicit, active consent via our cookie banner. You can review or revoke your consent choices at any time.
For more information on how Google Analytics processes data, visit Google's Privacy Policy at: https://policies.google.com/privacy?hl=de. You can also opt out universally via the Google Analytics opt-out browser add-on at: https://tools.google.com/dlpage/gaoptout?hl=de.
8. Third-Party Plugins Our website features embedded plugins from third-party providers (e.g., Facebook, YouTube, Google Maps). For EU users, these plugins remain deactivated until you consent. Interacting with them transfers data to the respective providers. Please review their policies:
9. Payment Services For purchases made on our website, we use third-party payment processors (e.g., PayPal or Stripe). Your payment credentials are collected directly by these providers and are not stored by Bswanky.com. Please review their privacy policies:
10. Data Security We utilize appropriate technical and organizational measures (including SSL/TLS encryption) to protect your data. While no internet transmission is 100% secure, we use commercially acceptable means to safe-keep your data.
11. Retention Period We retain personal data only as long as necessary to fulfill the purposes outlined or as required by applicable statutory commercial and tax retention laws.
12. Do Not Track (DNT) & Children's Privacy bswanky.com does not respond to "Do Not Track" signals from browsers. Our website is not intended for children under the age of 13 (US) / 16 (EU). We do not knowingly collect personal data from children.
13. Changes to This Privacy Policy We may update this Privacy Policy periodically. Significant updates will be communicated by updating the date on this page or via direct email notifications.
PART II: TERMS OF USE Please read these Terms of Use carefully before using Bswanky.com ("Website"), which is owned and operated by BSWANKY ("Company”).
1. Acceptance and Revisions By accessing and using this Website, you agree to be bound by these Terms of Use. The Company reserves the right to revise these Terms at any time. Updates will be indicated on the website. Continued use of the site following updates constitutes acceptance of the modified terms.
2. User Conduct and Restrictions Every visitor and member agrees not to use the Website to:
Violate local, state, national, or international laws.
Infringe upon the intellectual property, privacy, or publicity rights of others.
Post false, misleading, defamatory, obscene, abusive, or unlawful material.
Distribute spam, chain letters, or pyramid schemes.
Collect or store personal data about other users without consent.
Impersonate any individual or entity, or interfere with the website’s content and operations.
3. Intellectual Property License The Company grants you a non-exclusive, non-transferable, revocable, limited license to view, print, and distribute materials from this Website strictly for informational, personal, and non-commercial purposes, provided copyright notices remain intact. No part of this website may be reproduced, copied, or redistributed for commercial use without express written permission.
4. Sweepstakes, Giveaways, Contests & Promotions BSWANKY may periodically offer sweepstakes, giveaways, contests, or promotions ("Promotions").
No Purchase Necessary: Unless explicitly stated, participation is free, and a purchase does not increase the chances of winning.
Eligibility: Participants must be at least 18 years old (or the age of majority in their jurisdiction). Promotions are void where prohibited or restricted by local law.
Prizes: Prizes are non-transferable, have no cash value, and are subject to availability. Winners are responsible for any local taxes or fees associated with prize acceptance.
Data Handling: Personal details collected during Promotions are processed in compliance with our Privacy Policy and may be shared with providing partners solely for prize fulfillment.
5. User-Submitted Content (Photography & Videos) By submitting photos or videos to our website, you represent that you own the copyrights to the media. You grant the Company a royalty-free, non-exclusive license to utilize the media for promotional, editorial, or commercial purposes across global media channels. You represent that you have obtained authorization from any individuals depicted to bind them to these terms.
Removal Requests: If your image was captured at a public event or function and published by us, you can request its removal by emailing info@bswanky.com with the subject line “Remove My Photo or Video Sequence” along with identifying details.
6. Disclaimer of Warranties The content provided on this site is provided "as is" and "as available". While we strive for accuracy, the Company makes no representations or warranties of any kind, express or implied, regarding the timeliness, completeness, or reliability of the website content or external linked platforms.
7. Limitation of Liability Important Notice for Users in the European Union: The following limitations of liability do not apply to consumers residing within the European Union regarding damages resulting from injury to life, body, or health, or for damages caused by willful intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit) by BSWANKY.
To the maximum extent permitted by applicable law, in no event will BSWANKY.COM, its officers, employees, or contractors be liable for any direct, indirect, incidental, or consequential damages, loss of profits, loss of goodwill, or business interruption arising out of or in connection with the use or inability to use this website, even if advised of the possibility of such damages.
8. Governing Law, Consumer Rights & Jurisdiction For U.S. and International Users: These Terms of Use shall be governed by and construed in accordance with the laws of the State of FLORIDA, USA, without giving effect to conflicts of law principles. Any legal disputes shall be subject to the exclusive jurisdiction of the State or Federal Courts located in Florida.
For European Union Consumers: Ungeachtet der Rechtswahl zugunsten Floridas gelten für Verbraucher mit ständigem Wohnsitz in der EU die zwingenden gesetzlichen Verbraucherschutzgesetze ihres Wohnsitzlandes. Verbraucher in der EU sind nicht verpflichtet, Streitigkeiten ausschließlich in Florida auszutragen, sondern können Klagen auch vor den zuständigen Gerichten an ihrem eigenen Wohnsitz in der EU erheben.
9. Termination of Use Bswanky.com reserves the right, in its sole discretion, to terminate or disable any member's access to the Website immediately and without prior notice for violations of these Terms of Use or actions detrimental to other users or the business operations of the Company.
