WhosHere Privacy Policy

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Last updated: May 31, 2021

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This privacy policy (“Privacy Policy”) describes the information, including personal information, collected by WhosHere, Inc (“WhosHere”, “we”, “our” or “us”), including our affiliates and subsidiaries, how we collect that information, how that information may be used, and with whom it may be shared when you use our Services (as defined below).

When we use the term “personal information”, we mean information that can be used to identify you.

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References to “you” or “your” means the person accessing the Apps or using our Services.

This Privacy Policy applies to your use of all platforms we provide, including the WhosHereTM and  NticeMeTM mobile applications (the “Apps”), and/or your use of any products or services we provide (collectively, the “Services”). If you do not agree with this Privacy Policy, then you must not access or  use the Services. Your information will be sent to and used in the United States regardless of the country you reside in.

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This Privacy Policy tells you about:

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Our details

What information do we collect and how is it collected?
How will we use your information and on what legal bases do we use personal information?

How is my information shared? What are my options?

Notice to children Log files

Third party links, Applications, and Websites Protection of your information; Retention

User feedback
Where will we transfer your information?

Notice to individuals in the EU/EEA/UK Notice to California residents

Do-not-track disclosure; third-party tracking Changes to our Privacy Policy
Contact information

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For the purpose of the General Data Protection Regulation (the “GDPR” or “data protection law”) in  respect to personal information of users of the Services, we are the data controller. This is because we dictate the purpose for which your personal information is used and how we use your personal information. We fairly process your information under relevant law. If you have any questions about how your data is kept or if you wish to exercise one or more of your rights in regard to the data we keep on you, please contact us at support@whoshere.net our Data Protection Officer at.

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What information do we collect and how is it collected?

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Registration. We collect registration information about you. In order to use our Services you have to register and create an account, which involves providing personal information including your name, location information, e-mail address, phone number, password, gender, and date of birth.

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Profile. When you create a profile on our Services, we will collect all information you provide to us including name, age, location information, gender, and any other personal information you choose to make available.

Other Interactions. We may collect personal information from you, including your name and email address, when you submit a message to us or when you use other forms on the Services. We may use this information to respond to you or to send you additional information.

We may also collect information that you choose to provide as Feedback (as defined below in “User feedback” section).

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We may work with third-party service providers to provide maintenance services, data analysis, service hosting, and other services for us. These third parties may have access to or process your registration information, including personal information, as part of providing their contracted services to us. We require these third-party service providers to agree to only use the information we provide them for the

purpose for which it was provided.

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Payment information is collected and processed by our third-party payment provider.

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How will we use your information and on what legal bases do we use personal information?

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In general, we use your personal information to accomplish our business and commercial purposes, including for marketing, transactional purposes, or to otherwise enhance our business practices and our  services to you. More specifically, we may use your personal information:

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• To provide the Services to you (including to process registration with the Apps). This is to perform a contract between you and us (i.e., the provision of the Services to you).

• To communicate with you and other individuals and to carry out your requests and respond to  your communications. This is to perform a contract between you and us.

• To carry out our obligations arising from any contracts entered into between you and us. This is to perform a contract between you and us.

• To notify you about changes to the Services. This is in our legitimate interest (i.e., the provision of the Services).

• To audit and monitor the use of the Services and to improve the quality of the Services. This is to

  perform a contract between you and us.

• To manage comments, questions and requests. This is to perform a contract between us (i.e., the provision and support of the Services).

• To provide you with information about the Services we offer in accordance with your preferences as indicated (this may include sending you other information about products or services of a promotional partner on that partner’s behalf), including any marketing consent preferences. We can do this based on your consent.

• To comply with any legal or regulatory obligations (including in connection with a court order and establishing, exercising or defending legal claims). This is in our legitimate interests (i.e., protection of our business, employees and customers) and for compliance with legal obligations to which we are subject.

• To enforce or apply the agreements concerning you (including agreements between you and us). This is in our legitimate interest (i.e., protection of our business, employees and customers).

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We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law (e.g., in relation to our use of certain cookies).

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How is my information shared?

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When you supply any personal information, such as an e-mail address or phone number it may be shared with a third-party company who has been hired by us to provide services to help us with our business activities such as product fulfillment, hosting, and follow-up information, such as Amazon Web Services. These companies are authorized to use your personal information only as necessary to provide these

services to us.

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We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. Your personal information can be shared freely by us across platforms owned by us. For example, information collected through WhosHere can be shared with NticeMe and vice versa.

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We also reserve the right to disclose your information, including personal information, as we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect WhosHere and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any claims or allegations; to assist government enforcement agencies; to protect the security or integrity

of the Services and our other property; to correct technical problems and malfunctions on the Services; or to protect the rights, property, or safety of us, our users, or other persons or entities. We may disclose your information, if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws in response to a court order, judicial or other government subpoena or

warrant, or to otherwise cooperate with law enforcement activity or other legal process.

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What are my options?

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There is an in-app “delete” function that will delete your account, and we will delete all data (including phone number), and will not retain any data (except what’s in static archives). (They can create a new account if they like.)

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You have a choice about whether or not you wish to receive information from us. We will not contact you for marketing purposes by email, telephone or text message unless you have given your prior consent. You can change your marketing preferences at any time by contacting us at support@whoshere.net.

You can update your registration information at any time by accessing your account.

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Each of our Apps includes a function which allows you to delete your account. If you elect to cancel your account at any time, you may choose the account deletion function within the App, in which event we will delete your account information (including phone number, profile information and account history) held in our production systems. (Some portions of your account data may be retained in our static archives, but no such archived information will be further used.) If you require assistance with that process, please contact us with your request at support@whoshere.net. When requesting assistance, please provide the phone number to which your account relates.

 

Please be aware that, following deletion of your account, you will need to create a new account if ever you wish to use the Apps again.

 

If you reside in a jurisdiction where a data protection or privacy law grants you consumer rights, please contact us using the e-mail address made available in this Privacy Policy.

 

Notice to children

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Our Services are not designed nor intended for use by children under the age of 18. We do not knowingly solicit, collect or keep personal information from anyone under the age of 18. If we discover that we have inadvertently gathered any such information for a child under 18, we will take appropriate steps to delete it. If you are under the age of 18, please do not provide any Personal Information to us. If your child has submitted personal information, and you wish to delete such information, as well as refuse to allow any further collection or use of your child’s information, please contact us at support@whoshere.net . If you are not the age of majority in your jurisdiction, you should not use our Services.

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Log files

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Like most online and mobile companies, we log the use of our Services. This includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks in order to track aggregate movement, analyze trends, and gather broad demographic information for aggregate use. This information is not linked to personal information. We

collect this from any website user, including developers.

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Third party links, Applications, and Websites

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Our Services may be offered in connection with third party mobile applications. When you participate in the Services you are leaving the third party mobile application or website through which you accessed the Services. In addition, the Services may contain links to third party websites that are not controlled by us. These links are made available to you as a convenience, and you agree to use these links at your own risk.

 

This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage, nor does it apply to your relationship with the third party websites, applications, services, and surveys that may be linked to, facilitated through or provided via our Services. This Privacy Policy only applies to information we collect from you while you are using the Services.

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Protection of your information; Retention

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We take reasonable precautions to materially comply by the terms of this Privacy Policy. However, our Services are not completely secure and we cannot guarantee the security of your information collected through the Services as such information may be transmitted using the Internet, other public telecommunication networks, servers, hardware or software that are not owned, operated, or controlled by us. Any information, including personal information, you provide to us via the Internet is at your own risk. If you have any questions about security on our Services, you can contact us at

support@whoshere.net.

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User feedback

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If you provide us with comments, suggestions, recommendations or other feedback pertaining to our Services (collectively, “Feedback”), you understand that we may (although we have no obligation to do so) retain, disclose, use, or otherwise commercially exploit that Feedback in connection with any or all of our Services without compensation or consideration to you.

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Where will we transfer your information?

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We are headquartered in the United States and we will process your information in the United States. Your personal information will be transferred and stored in the United States.

Due to the global nature of our business, as part of the Services offered to you through our Services, the

information which you provide to us may be transferred to countries outside the European Union/European Economic Area (“EU/EEA”) or United Kingdom (“UK”) (such a country is called a “third country”) (e.g., our third-party payment processor in the United States). Data protection law imposes restrictions on the transfer of personal information outside of the EU/EEA or the UK but such transfers can be made if the country to which we may transfer the data has an adequate level of protection for your rights, there are appropriate safeguards or a contract is in place allowing the transfer to take place, you have provided your consent or the transfer is necessary for reasons set out in the data protection laws.

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If we transfer your information outside of the EU/EEA or the UK in this way, we will take reasonable steps and implement appropriate measures to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this Privacy Policy and in accordance with data protection law.

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Notice to Individuals in the EU/EEA/UK

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The following is a summary of the data protection rights available to individuals in the EU/EEA/UK with respect to their personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see below for a summary of your rights. You can exercise those rights using one of the methods in the “Contact Us” details below.

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Summary of your rights

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• Right of access to your personal information. You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions.

• Right to rectify your personal information. You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.

• Right to erasure of your personal information. You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the (v) if your personal information needs to be erased to comply with a legal obligation .continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or Right to restrict the use of your personal information. You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defense of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.

• Right to object to the use of your personal information. You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party); and (ii) if you object to the use of your personal information for direct marketing purposes.

• Right to data portability. You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organization, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e., electronic) means.

• Right to withdraw consent. You have the right to withdraw your consent at any time where we

  rely on consent to use your personal information.

• Right to complain to the relevant data protection authority. You have the right to complain to the relevant data protection authority where you think we have not used your personal information in accordance with data protection law. You may lodge a complaint with the authority in the Member State of your habitual residence or of an alleged infringement of data protection law.

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Notice to California Residents

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This information in this section only applies to California residents. You can contact us if you have any questions about this Privacy Policy, including this section specific to California residents, or if you would like a printed copy of this Privacy Policy. You may also print a copy of this Privacy Policy by selecting the “Print” button in your web browser.

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How We Collect and Use Personal Information

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This section describes the personal information (as defined by the California Consumer Privacy Act of 2018 or the “CCPA”) we collected about the California residents in the last 12 months, the sources of that information, our business or commercial purposes for collecting the information, and the third parties with whom we shared that information. Please refer to the corresponding sections of this Privacy Policy

for details on the following:

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• What information do we collect and how is it collected? This section describes the categories of personal information we collected and the categories of sources from which the information was collected.

• How will we use your information and on what legal bases do we use personal information? This section describes the business or commercial purposes for which we collected the information.
• How is my information shared? This section lists the categories of third parties with whom we shared personal information.

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Your Rights and How to Exercise Them

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California residents have certain rights under the CCPA. Those rights may only apply in certain circumstances and may be subject to limitations or exceptions. A summary of those rights is provided below as well as information on how to exercise your rights. Please note that we will require certain identifying information about you as necessary for us to verify your request in accordance with applicable law.

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• Right to Know. You have the right to know what personal information we collect, use, disclose and/or sell about you.

• Right to Delete. You have the right to request us to delete the personal information we collect or maintain about you. Please note that certain exceptions may apply to your right to delete information, such as when we must retain your information to comply with law. We will notify you if any such exceptions apply to your request.

• Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for exercising any of your rights under the CCPA. However, we may offer certain financial incentives, charge reasonable fees related to your requests, or deny your right to know, right to opt out of sale or right to deletion in accordance with applicable law.

• How to Submit a Request to Know or Request to Delete

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If you are a California resident and would like to make such a request, please email support@whoshere.net and insert “California Privacy Rights Request” in the subject line. Please note that we may require certain identifying information about you when necessary to verify your request in accordance with applicable law, which may vary depending on the App you are using.

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How We Disclose Information

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• We did not disclose personal information to third parties for their business or commercial  purposes during the last 12 months.
• We do not and will not sell your personal information.

• We do not sell the personal information of minors under age 16.

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Do-not-track disclosure; third-party tracking

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Certain mechanisms may allow you to send web browser signals, known as “Do Not Track” (“DNT”)

signals, indicating your choice to disable tracking on the Services. We do not respond to browser do not

track signals at this time. We may not be aware of or able to honor and respond to every such mechanism. More information about “do not track” is available at www.allaboutdnt.org concerning such information.

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Third parties, other than our vendors (such as our website analytics provider), do not have authorization from us to track which websites you visited prior to and after visiting the Site. That said, we cannot

control third party tracking and there may be some third party tracking that occurs without our knowledge

or consent.

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Changes to our Privacy Policy

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We may update this Privacy Policy from time to time. We will notify you of such changes by posting the updated Privacy Policy. When we post changes to this Privacy Policy, we will revise the “last updated”

date found at the top of this Privacy Policy. Such changes to the Privacy Policy shall become effective upon posting. We recommend that you check this Privacy Policy periodically, to inform yourself of any

changes to it. Your continued use of the Services after any changes or revisions to this Privacy Policy will indicate your agreement with the terms of such revised Privacy Policy.

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Contact information

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If you have any questions about this Privacy Policy, or generally about our online practices, please feel

free to reach us at support@whoshere.net.