Date last modified: October 5, 2021
At Whirlpost, LLC. (“Whirlpost”) we recognize that privacy is important and we are committed to protecting your privacy rights (“Policy”). We use the information we collect about you to process orders, to improve the content of the Website and to provide a more personalized experience. We may also use it to periodically inform you about changes on our Website and new products and services. We do not sell, trade or rent your personal information to others.
This Policy applies to all of the products, services and websites offered by Whirlpost, the mobile or tablet versions thereof, any Whirlpost software, and any applications created by Whirlpost whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service”). Please note that the availability of any Whirlpost applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Whirlpost and such social networking site, mobile or tablet device, or internet television or other technology platform.
If you have any questions about this Policy, please feel free to contact us at email@example.com.
By using the Service, you consent to the collection and use of your personal information as outlined in this Policy. As this Policy may be amended from time to time, you should visit this page periodically to review any changes to the Policy. Through your continued use of the Website after changes are made to the Policy, you accept the Policy as modified.
1. Information We Collect and How We Use It
Information you provide – When you sign up for a Whirlpost account we ask you for personal information (such as your name, e-mail address and an account password and may require your date of birth, gender, mailing and billing address, and zip code). We may combine the information you submit under your account with information from other Whirlpost services or third parties in order to provide you with a better experience and to improve the quality of our services.
We also use your name, e-mail address and other information on our system to notify you of new product releases, service notifications, events, and to solicit your feedback and input. We may also use your information, or a portion thereof, to send you marketing materials and/or Whirlpost newsletters or other information Whirlpost thinks you may need, unless you notify Whirlpost that you do not wish to receive such materials. Please contact us to request that you not be sent any or all of such information.
Activity Information – In order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Service, including information about users accessing the Website such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time. By using the Service, you consent to our retaining all of your Activity Information.
IP Address – An Internet Protocol (IP) address is a number that’s automatically assigned to your computer whenever you’re surfing the Web. We may retain your IP address in order to help us diagnose problems with our servers, to administer our Website, to help identify you, to gather broad anonymous demographic information (such as the number of visitors from a geographic area), to enforce compliance with the Website terms and conditions, or otherwise in order to protect our services, sites, customers, or others.
Log information – When you use the Service, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User communications – When you send email or other communication to Whirlpost, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Affiliated sites – We offer some of our services in connection with other websites. Personal information that you provide to those websites may be sent to Whirlpost in order to deliver the Service. We process such information in accordance with this Policy. The affiliated websites may have different privacy practices and we encourage you to read their privacy policies.
Links – Whirlpost may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our Website.
Other websites – This Policy applies to websites and services that are owned and operated by Whirlpost. We do not exercise control over the websites displayed as search results or links from within our various services. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
2. What Does Whirlpost Do With The Collected Information?
Personal information – We may use your personal information for the purposes described in this Policy and/or privacy notice for specific services. Such purposes include, but are not limited to:
Providing our products and services to users, including the display of customized content and advertising;
Sharing information to our business partners who perform core services (such as hosting, billing, data storage, security, and reporting services) related to the operation of the Website and Service;
Collecting and processing information about your actual location to provide location aware products and services and other content;
Verifying your identity;
Following up with transactions initiated on the Website;
Auditing, research and analysis in order to maintain, protect and improve our services;
Ensuring the technical functioning of our network; and
Developing new services.
Whirlpost processes personal information on its servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We provide personal and non-personal information to our subsidiaries, affiliated companies or other trusted third parties or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such personal information based on our instructions and in compliance with the appropriate confidentiality and security measures.
We may also disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Whirlpost or its parent company, subsidiaries, or affiliates, (2) protect and defend the rights or property of Whirlpost or the users of the Website, or (3) act under exigent circumstances to protect the safety of the public or users of the Website.
Choices for personal information – When you sign up for the Service, we ask you to provide personal information. If we use this information in a manner different than those described in this Policy and/or in the specific service notices, then we will ask for your consent prior to such use.
If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, and you decline, Whirlpost may not be able to provide its Service to you.
Maintenance of personal information – You can access your information contained in Whirlpost’s database by contacting us. If you believe any of your information is incorrect or needs updating, please let us know at the email address listed in this section. Whirlpost will use reasonable efforts to correct your information and our records upon verification of the requested change. If you no longer wish to receive email notifications from Whirlpost, please let us know by contacting us. In the text of your email, specify which notifications you no longer wish to receive and provide your exact name, email address and/or address so that we can do our best to ensure that you stop receiving the notifications that you no longer wish to receive. After such a request is received, Whirlpost will use reasonable efforts to refrain from including you when sending such notifications to Whirlpost’s visitors/users/customers.
We do not currently maintain any procedures for you to review the information that we collect about you.
Retention of personal information – When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information and settings.
Information Security – We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Whirlpost employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
However, please note that no data transmission over the Internet can be guaranteed to be 100% secure, so while Whirlpost strives to protect your information, Whirlpost cannot ensure or warrant the security of any information that you voluntarily give to Whirlpost.
Accessing and updating personal information – When you use the Services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
3. Website Areas Beyond Whirlpost’s Control
Third party links, co-brand relationships and public forums – In an attempt to provide increased value to our visitors, Whirlpost may choose various third party websites to link to, link from, and frame within, the Website. Whirlpost also may participate in co-branding and other relationships to offer e-commerce and other services and features to its users. However, even if the third party is affiliated with Whirlpost, we have no control over these linked sites, each of who have separate privacy and data collection practices independent of Whirlpost. We have no responsibility or liability for these independent policies or actions, and are not responsible for the privacy practices or the content of any such web sites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you therefore access them at your own risk.
We also may make chat rooms, forums and message boards available to you on the Website. Please remember that we cannot control the information that is shared by members and that anything you voluntarily provide in any public area of the Internet will be publicly available to other visitors on that website and potentially to other third parties. Thus, please note that you should always exercise caution when deciding to publicly disclose any of your personal information in these and similar areas.
4. Your California Rights
For Users who are California residents, you have the following rights (in addition to those listed at section 9 below) under the California Consumer Privacy Act, and you have the right to be free from unlawful discrimination for exercising your rights under the Act:
- You have the right to request that we disclose certain information to you and explain how we have collected, used and shared your personal information over the past 12 months.
- You have the right to request that we delete your personal information that we collected from you, subject to certain exceptions.
California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to find out about any rights you may have under California Civil Code section 1798.83, you can write to us at firstname.lastname@example.org.
From time to time, as part of a joint promotion with a third party, we may, if you participate in such promotion, disclose your contact information to the third party to allow them to market their products or services to you. Where this is a condition for participation in a promotion, we will always let you know before when you enter the promotion. Please follow the instructions provided to you by third parties to unsubscribe from their messages.
In addition, under California law, operators of online services are required to disclose how they respond to “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information of a consumer over time and across third party online services, to the extent the operator engages in that collection. At this time, we do not track our Users’ personal information over time and across third-party online services. This law also requires operators of online services to disclose whether third parties may collect personal information about their users’ online activities over time and across different online services when the users use the operator’s service. We do not knowingly permit third parties to collect personal information about an individual User’s online activities over time and across different online services when using the App.
5. Your Rights
Privacy laws applicable in your country may give you the following rights:
- Right of access: you can request a copy of your data.
- Right of rectification: if the data held is inaccurate, you have the right to have it corrected.
- Right to erasure: you have the right to have your data deleted in certain circumstances.
- Right to restrict processing: in limited circumstances, you have the right to request that processing is stopped but the data retained.
- Right to data portability: you can request a copy of certain data in a machine-readable form that can be transferred to another provider.
- Right to object: in certain circumstances (including where data is processed on the basis of legitimate interests or for the purposes of marketing) you may object to that processing.
- Rights related to automated decision-making including profiling: there are several rights in this area where processing carried out on a solely automated basis results in a decision which has legal or significant effects for the individual. In these circumstances your rights include the right to ensure that there is human intervention in the decision-making process.
The particular rights which are applicable to you (which might include other rights not listed above) may vary depending on your country. You should make yourself aware of the rights you have under applicable privacy laws in your country.
If you want to exercise any of your rights listed above please email us at email@example.com. For your protection and the protection of all of our Users, we may need to request specific information from you to help us confirm your identity before we can answer the above requests.
If you have a concern about how we have processed your request or your personal data, you should contact us in the first instance via the contact details listed above.
6. Data Locations
We want you to be able to access Whirlpost wherever you happen to be in the world. To enable us to provide that service, we operate a server in the US. The hardware is located in a third-party data center.
7. Data Retention And Deletion
We keep your personal information only as long as we need it for the legal basis relied upon (as set out in Section 2 above) and as permitted by applicable law.
You may permanently delete your Account at any time. When your Account is deactivated, we take reasonable efforts to make sure it is no longer viewable on the App, and we begin the process of deleting your personal information from our systems, unless:
- we must keep it to comply with applicable law (for instance, if you make purchases within the App, some personal data may need to be kept for accounting purposes);
- we must keep it to evidence our compliance with applicable law;
- there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
- the information must be kept for our legitimate business interests, such as fraud prevention and enhancing Users’ safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behaviour or security incidents from opening a new account.
To prevent abuse and/or misuse of Whirlpost by a User following termination or deletion of a profile/Account we shall retain such information as we deem in our sole discretion may be necessary to ensure that User does not open a new Account and profile in breach of our Terms and Conditions of Use and to ensure compliance with all laws and regulations.
Warning: Even after you remove information from your profile or delete your Account, copies of that information may still be viewable and/or accessed to the extent such information has been previously shared with others, or copied or stored by others. We cannot control this, nor do we accept any liability for this. If you have given third party applications or websites access to your personal information, they may retain such information to the extent permitted under their terms of service or privacy policies.
Whirlpost regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Whirlpost’s treatment of personal information by contacting us.
When we receive formal written complaints at this address, it is Whirlpost’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Whirlpost and an individual.
Changes To This Policy
Whirlpost Terms and Conditions of Use
A complete statement of our Terms and Conditions of Use can be found on our website. Whirlpost’s Terms and Conditions of Use are expressly incorporated into this Policy by this reference.
By using our Website, you consent to the collection and use of information by Whirlpost as set forth in this Policy. If we decide to change our Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances we disclose it. Continued access or use of the Website shall constitute your express acceptance of any modifications to this Policy.