Privacy Policy

Whimpulse.com (“Whimpulse”, “we”, “us” or “our”) is committed to protecting the privacy and security of its users who access our website (www.whimpulse.com) (the “Site”) and the Whimpulse Checkout Platform. This Privacy Policy describes how we collect and use personal and other information about our users:
On the Whimpulse Site
On the Whimpulse Checkout Platform, inclusive of the client application running on the retail publisher’s website(s) and applications
In emails, texts, and other electronic messages between you and us via the Site, the Platform or otherwise
Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. By accessing or using the Site and/or Whimpulse Checkout Platform, you agree to the terms and conditions described in the Privacy Policy. If you do not agree with these terms and conditions, your choice is not to access and use the Site or Platform. Please also refer to our Acceptable Use Policy regarding the terms of use for the operation of the Site and Whimpulse Checkout Platform, into which this Privacy Policy is incorporated.
PERSONAL INFORMATION
We consider the following, among other things, to be personal information: first and last name, email address, street address, IP Address and phone number. Applicable data protection laws identify additional data elements that qualify as personal information. We may request personal information in connection with account registration and for opt-out purposes.
VISITORS TO THE WHIMPULSE SITE
The Whimpulse Site is intended for informational purposes only. Visitors to the Site can conduct only limited business activities, such as request a demo or access our blog. You may be asked to provide your name, email address, telephone number and affiliation (if any) to access these features. When you access the Site, we automatically collect certain personal information, including your browser type (e.g., Firefox, Chrome, Safari, Opera or Internet Explorer), operating system (e.g. Windows or Macintosh), ISP (e.g., Charter, Verizon, Comcast or AT&T), device type (e.g., laptop or tablet), IP address and other similar information that we track in aggregate form. We may also track non-personal information, such as the pages or features of the Site that you viewed and the time spent on those pages or features, the frequency with which you use or access the Site, search terms, the links that you click on or use, and other statistics. We collect this information in server logs and by using cookies and similar tracking technologies to analyze trends, administer the Site, track users’ movements across the Site, and gather demographic information about our user base as a whole. This non-personal information is anonymous and will not typically be identified with or lead us back to any of our visitors. Cookie technology helps us to know how many people visit our Site and where visitors go within our Site. Cookies are small bits of information we send to your device. Among other things, this non-personal information allows us to know which areas are favorites, which areas need improvement, or what technologies and internet services are being used by our visitors so that we may continually improve our visitors’ online experience. We also use this personal information to provide individuals, via email or other means, information about materials, activities, or other things that may be of interest. However, individuals always have the opportunity to unsubscribe from communication via email if they choose to do so, as described below.
WHIMPULSE CHECKOUT PLATFORM
Whimpulse Checkout Platform (the “Platform”) is a native, B-to-B online platform that enables retailers and advertisers to integrate interactive and dynamic advertisements into online product listings, search results, product detail pages, brand showcases, post purchase order pages, coupons or pages across websites and mobile applications.
INDIVIDUAL CONSUMERS
As a B-to-B service, the Platform is transparent to individual consumers when they access a retailer’s website or mobile application that deploys the Platform. The Platform does not track users’ online browsing history or other user behavioral characteristics to target relevant advertisements based on that history. Instead, the Platform enables the serving of integrated advertisements based on product pages accessed and viewed on retailers’ online properties. By eliminating the tracking of users’ online history, the Platform significantly lessens potential privacy risks to individual consumers when shopping online. When implemented on a retailer’s online properties, the Platform collects only limited personal identifiers, such as session cookies or a retailer’s host application or site ID (such as a loyalty card number associated with a consumer). We also may generate a random and temporary Whimpulse ID for a user and the relevant online activity, which ID is associated with other personal information of specific users. We also may collect consumer activity on the Platform across multiple retailers’ online properties that have deployed the Platform to generate reports on the efficacy of the service. Finally, we collect aggregate, regional geolocation activity of users on the Platform, which is generated from device geolocation data and/or IP address reconciliation. This information is consolidated to create user counts according to Designated Market Area (DMA) regions in the United States. Retailers deploying the Platform may also collect other personal information of visitors to their websites and other online properties, including personal information collected automatically (such as type of device and browser and IP address). Our retailer customers may also use cookies and other tracking technologies to improve the operation and enhance the user experience of their websites and mobile applications. Whimpulse does not manage or control what other personal information these businesses may collect for purposes other than enabling the Platform. We recommend that you review the policies and practices of every website, mobile application and online service that you visit or use. In the interest of protecting individual privacy, Whimpulse has implemented three mechanisms to help consumers realize additional privacy protections by implementing three “do-not-track” mechanisms: a. Device Settings. Whimpulse confirms the settings of the user’s device at the time of the transaction to determine if the “do not track” setting has been activated. If this is the case, we will anonymize all storage of data for the relevant online activity. b. Host Settings. Whimpulse allows the retailer’s host application or web site to define a cookie location that stores users’ “do not track” preference. If configured and set, the Whimpulse application will anonymize all storage of user data for the relevant online activity. c. Whimpulse Settings. Whimpulse provides an interface to allow the user to specifically select “do not track” in the Whimpulse application. This will set a cookie on the user’s device that will be enforced across all host properties using the Platform for the term of the cookie (which will expire in 10 years or when the user next clears their device’s stored cookies).
RETAILERS AND ADVERTISERS
Retailers and Advertisers contract with Whimpulse to deploy the Platform on their online properties. These customers will establish a business account with us and be provided a certain number of subscriptions to the Platform for authorized employees and representatives (“Authorized Users”). Each Authorized User will need to register to access the Platform by providing their name, company affiliation, work email and work phone number, as well as create a unique ID and password. We do not obtain any additional personal information about these Authorized Users from other sources. While we may send marketing or promotional messages to Authorized Users about new products or services we are offering, will not sell or otherwise disclose their personal information to third parties for marketing purposes.
CALIFORNIA CONSUMER PRIVACY ACT
The California Consumer Privacy Act (CCPA), effective January 1, 2020, gives California consumers enhanced rights with respect to their personal information, including the right to know what personal information is being collected, how it is being used, whether their information has been disclosed or sold to third parties, and to whom, and the right to oppose the sale of their information to third parties. Whimpulse is a covered business under the CCPA as it collects and processing the personal information of California consumers. This Privacy Policy provides the required notices to California consumers. The categories of personal information that we collect from California consumers are described above. This information is collected of purposes of enabling our retailer and advertiser customers deploying the Platform to serve integrated advertisements to their users, including California consumers, across their online properties. Whimpulse “sells” the personal information of California consumers it collects and processes on the Platform for purposes of the CCPA, including selling the personal information to specific retailers and their online properties and in the aggregate to specific advertisers accessing the Platform. In addition, we may sell this personal information to anonymized and aggregate format to other retailers and advertisers for benchmarking or marketing/sales purposes. However, we do not sell the personal information of Authorized Users of our customers using the Platform. California consumers may request to opt out of the selling of their personal information by completing the webform accessible at the following link: DO NOT SELL MY PERSONAL INFORMATION. This webform requires that you provide limited personal information to enable us to verify and implement your request to opt out. We will honor requests to opt out from any individual consumer, regardless if that consumer is located in California or not. Requests to delete may also be submitted via email at [email protected] or via mail at the address below: Whimpulse.com Attn.: Privacy, 3552 Griffin Ave., Los Angeles, CA 90031. In addition, California consumers have the right to request that a covered business disclose what personal information it collects, uses, discloses and sells about individuals. To make such a “request to know”, you may contact us via e-mail at [email protected] or via mail at the address below: Whimpulse.com Attn.: Privacy, 3552 Griffin Ave., Los Angeles, CA 90031. Again, we will honor such requests whether or not you are located in California. We will confirm receipt of a request to opt out or request to know within 10 days along with a description of what steps we take to verify and respond to your request. We are obligated to respond substantively to these requests within 45 days of receipt but can request an additional 45 days for good cause.
RESIDENTS OF THE EUROPEAN ECONOMIC AREA (EEA)
For residents of the European Economic Area (EEA), Whimpulse advises that your personal information will be transferred to and processed in the United States, which has data protection laws that are different than those in your country and may not be as protective. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. Our legal basis for collecting and using your personal information is to do so with your consent; where we need the personal information for performance of a contract, or where the collection and use is in our or another’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. If we collected your Personal Data with your consent, you may withdraw your consent at any time.

Residents of the EEA have the right to:

Access your personal information;

Delete, or request deletion of, your personal information;

Object to or restrict processing of your personal information;

Request portability of your personal information;

Complain to your local data protection authority at any time;

Object to automated decision making; and

Update your personal information.

Where Whimpulse is considered a Data Processor, we may be obligated to forward any request to our relevant customer, the Data Controller, to respond.

Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. Where Whimpulse is considered the Data Processor, we may need to confer with and confirm the request with the relevant Data Controller to process a request to withdraw consent. If we ask you to provide personal information to us to comply with a legal requirement or enter into a contract, we will inform you of this and let you know whether providing us with your personal information is required and if not, the consequences of not sharing your personal information with us. Similarly, if we collect and use your personal information in reliance on our or a third party’s legitimate interests and those interests are not already described above, we will update this Privacy Policy to identify the additional third party interests. We endeavor to apply suitable safeguards to protect the privacy and security of your personal and to use it only consistent with your relationship with us and the practices described in this Privacy Policy. We also take steps to minimize the risk to your rights and freedoms by not collecting or storing sensitive or special categories of personal information about you. To withdraw consent or exercise these rights, please contact us via e-mail at [email protected] or via mail at the address below: Whimpulse.com Attn.: Privacy, 3552 Griffin Ave., Los Angeles, CA 90031.
HOW INFORMATION IS SECURED AND RETAINED
Whimpulse has implemented reasonable measures to ensure that all personal and non-personal information in its possession is secure against unauthorized access. For example, this information is kept in a secure system isolated from direct connection to the Internet. Be advised, however, that no security system is perfect, and no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Sites, and you do so at your own risk. We cannot promise that your personal information will remain absolutely secure in all circumstances. We are not responsible for circumvention of any privacy settings or security measures we may provide. The safety and security of your personal information also depends on you. Where you use a password for access to restricted features of the Site, if any, or the Platform, you are responsible for keeping the password confidential. Do not share your password with anyone. We will retain your personal information to provide a requested service. When you activate your do not track request, we will take steps to anonymize your personal information within our systems but be aware that it is not technologically possible to remove each and every record of the information you have provided from our servers. We will also retain your personal information as necessary to comply with legal obligations, resolve disputes, prevent fraud and enforce our agreements. How We Disclose Your Personal Information We may disclose personal information that we collect or you provide as described in this Privacy Policy for the following purposes:

To fulfill the purpose for which you provided your personal information.

To our subsidiaries and affiliates.

To contractors, vendors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including the lists of our users.

For any other purpose disclosed by us when you provide your personal information.

With your consent.

We reserve the right to disclose aggregated or anonymous information (i.e., information that does not identify you) about our users without restriction.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

To enforce or apply our agreements, including for billing and collection purposes.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Whimpulse, our users, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

YOUR CHOICES AND RIGHTS

As a general matter, you may contact us at any time to request to know what personal information we have collected and to correct, update or delete your personal information. Please email any such requests to us at [email protected] For Authorized Users who are registered with us and desire to close your account or update or delete your registration information, please contact us also at [email protected] Please also see the descriptions above regarding the specific choices and rights available to California consumers and residents of the EEA under applicable law. We will take commercially reasonable steps to delete your personal and other information from our active databases and where feasible from our back-up media. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our servers. If you receive text or email communications from us, you can choose to opt out from receiving them at any time. You can unsubscribe from our texts or emails by:

Following the directions included at the bottom of the text or email by clicking on the “Unsubscribe” link.

Sending us an email at [email protected] requesting that you be removed from our communications.

Be advised, however, that you cannot opt out of transactional or administrative emails or texts, such regarding the status of your account or services you have accessed or requested.

LINKS TO OTHER SITES
The Site and/or Platform may contain links to other web sites and services. We do not control such third-party web sites and services and are not responsible for their actions or privacy practices. The existence of a link does not mean that we endorse or have vetted such third-party website or service. You are encouraged to carefully review the policies and practices of every website, mobile application and online service that you visit or use.
UNITED STATES
Whimpulse is located in the United States and the Site and Platform are hosted and maintained in the United States. Your personal and other information will be stored, processed and accessed on servers located in the United States. If you are located outside the United States, you understand and agree that we may transfer, collect, use, disclose, and otherwise process the personal information you provide in the United States as described in this Privacy Policy. We also may transfer your information outside the United States to service providers under contract with us with operations in other countries. By using the Site and/or Platform, you consent to such collection, storage and processing in the United States and elsewhere, though the United States and other jurisdictions may not afford the same level of data protection as considered adequate in your own country. Note that your personal information may be available to the United States government or its agencies under legal process in the United States.
LEGAL BASIS
Our legal basis for collecting and using your personal information is (i) to do so with your consent; (ii) where we need the personal information for performance of a contract or requested service, or (iii) where the collection and use is in our or another’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. If we collect your personal information with your consent, you may withdraw your consent at any time. You understand and agree that we may collect, use, disclose, and otherwise process the personal information you provide even if you are located outside the United States.
CHILDREN
We are committed to protecting the privacy of children. The Platform is intended only for persons 18 years or older and not for children under the age of 13. We do not knowingly collect personal identifiable from any person under the age of 13. If a child under the age of 13 has provided any personal information to us, we ask that a parent or guardian contact us as provided below to inform us of that fact. We will use reasonable efforts to delete such information from our systems and servers.
Changes to our privacy policy
Please note that we may update or change this privacy policy. If we revise our privacy policy, we will post those changes to this privacy statement, and to other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any we disclose it. If we make any material changes we will notify you by means of a notice on this site prior to the change becoming effective.
Contact
If you would like us to delete (or modify if necessary) all records of your personal information, or if you have any other questions or concerns, please contact us at [email protected] or via mail at the address below: Whimpulse.com Attn.: Privacy, 3552 Griffin Ave., Los Angeles, CA 90031. Last Update: 2021-02-01