Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Please be advised that WHERK™ is not in any way affiliated with Facebook or LinkedIn, nor are the WHERK™ Offerings endorsed, administered or sponsored by any of the foregoing entities.
Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please e-mail us at info (at) wherk.com; call us at: (203) 200 0588; or send us mail to: 330 Railroad Ave, Floor 2, Greenwich, CT 06830.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please e-mail us at: info (at) wherk.com; call us at: (203) 200 0588; or send us mail to: 330 Railroad Ave, Floor 2, Greenwich, CT 06830.
Personal Information Collected
We collect personal information when you access certain of the WHERK™ Offerings, including the WHERK™ Platform and Contact Services, and submit the applicable registration form (“Form”).
The information that you must supply on the Form may include, without limitation: (a) the name of the User’s business entity (“Entity”) (as well as any applicable Entity’s trade name and business entity type (e.g., corporation, limited liability company, partnership, etc.)); (b) the Entity’s street address; (c) the Entity’s primary contact’s full name; (d) the Entity’s primary contact’s e-mail address, as well as the e-mail address of every employee of the Entity that will access the WHERK™ Platform; (e) the Entity’s primary contact’s telephone number; (f) the Entity’s billing address; (g) the credit card information, bank account information for ACH payments and/or PayPal® account information, depending on the Entity’s preferred payment method (“Payment Method”); and/or (h) any other information requested on the applicable Form. In addition, Users attempting to utilize a Portal may be required to submit their ID and Password.
PayPal® is a registered trademark of PayPal, Inc. (“PayPal”). Please be advised that WHERK™ is not in any way affiliated with PayPal, and the WHERK™ Offerings are not endorsed, administered or sponsored by PayPal.
Use of Personal Information
WHERK™ will never share, sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes. By making that personal information available to WHERK™, you grant WHERK™ the right, subject to applicable law, to use that personal information to contact you regarding your request for Contact Services, your other use(s) of the Site Offerings and/or with information regarding other WHERK™ products and/or services that we think may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such e-mail message or see the “Opt-Out/Unsubscribe” section below.
Where you submit personal information, we use the personal information that you make available to personalize your experience with the Site and to facilitate the delivery of the applicable WHERK™ Offerings to you, including in connection with customer service and to otherwise respond to any inquiries made by you.
You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the WHERK™ Offerings.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include processing payments, sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the WHERK™ Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the WHERK™ Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
We reserve the right to release current or past personal information (including Sensitive Data): (i) in the event that we believe that the WHERK™ Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed or requested pursuant to any court order or legal proceeding; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena/court order, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if WHERK™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.
Non-Personal Information Collection and Use
IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the WHERK™ Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the WHERK™ Offerings.
In general, Users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. In addition, Users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance.
Cross Device Tracking
WHERK™ does not track Users’ use of the Site Offerings across multiple devices, including personal computers and mobile devices.
WHERK™ reserves the right to transfer and/or sell aggregate or group data about Users of the WHERK™ Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of WHERK™ Offerings Users as a group, without disclosing personally identifiable information.
Social Media Websites/Interactive Services
If you engage in any interaction with WHERK™, other end-users or any third-party on any Social Media Pages or via the Interactive Services, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages and/or Interactive Services, as applicable, can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where WHERK™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of WHERK’s™ social media accounts.
We are not responsible for the personal information that you choose to submit on any Social Media Websites or via the Interactive Services. The Social Media Websites operate independently from WHERK™, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their respective privacy notices or policies.
This Site may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites. WHERK™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and WHERK™ has no responsibility or liability relating to them.
We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter Sensitive Data and when we store and transmit such Sensitive Data, that personal information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User personal information to perform a specific job are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse, and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors, and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be secure. Any transmission of data at or through the Site, other WHERK™ Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies if we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. WHERK™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. WHERK™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at info (at) wherk.com.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for WHERK™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving WHERK™ Offerings-related and/or inquiry response-related messages from WHERK™, you must cease requesting and/or utilizing the WHERK™ Offerings and/or cease submitting inquiries to WHERK™, as applicable.
Individual Rights: Deleting, Modifying and Updating Your Personal Information
At your request, we will: (a) inform you of what personal information we have on file for you, in a machine-readable format; (b) amend the personal information that we have on file for you; and/or (c) completely remove personal information that you have provided to us, or that we have collected from our servers/databases. You may make such a request by e-mailing us at info (at) wherk.com. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.
Please be advised that deleting your personal information may terminate your access to certain of the WHERK™ Offerings. If you wish to continue using the full complement of WHERK™ Offerings, you may not be able to delete all of the personal information that we have on file for you.
Transfer of Personal Information Internationally