Last updated: November 13, 2015
4. CHILDREN UNDER THE AGE OF 13. Whatdesk is in strict compliance with the requirements of the Children’s Online Privacy Protection Act (COPPA, 16 CFR Part 312). The Services are not intended nor directed towards anyone less than 13 years of age. No one under age 13 may provide any Information to or through the Services. We do not knowingly collect personal information from anyone under the age of 13. If you are under 13, do not use or provide any Information on the Services or on or through any of its features/register on the Services, make any purchases through the Services, use any of the interactive or public comment features of the Services or provide any information about yourself to us. If you believe we might have any information from or about a child under the age of 13, please contact us at email@example.com.
5. INFORMATION WE COLLECT. We generally collect two types of information from and about you on or in connection with the Services:
Personally identifiable information that would allow someone to identify you or contact you, such as your full name, address, e-mail address and telephone number (“Personal Information”).
All other information other than Personal Information, which does not personally identify you (“Non-Personal Information,” together with Personal Information shall be collectively referred to herein as “Information”).
We collect Information in multiple ways:
When you provide it to us or when you give us permission to obtain it, which may include, without limitation, the following types of Information:
Information you submit to register for the Services, including, without limitation, in order to create your User Account.
In order to participate in and/or use certain features and functionality of the Services (which may, in certain instances, be subject to Additional Terms and requirements), you may be asked to provide certain Information about yourself and provide additional consent in order to personalize and/or allow you to use these features and functions.
If you purchase any Service or enter into any other transaction offered on or in connection with the Services, we may require certain purchase and transaction Information, for example, your full name, physical address, telephone number(s), applicable payment data (e.g., credit card number, expiration date, etc.), your date of birth and address.
The Services may present you with the opportunity to sign up to receive newsletters, email correspondence and/or other communications from us in order for us to provide up-to-date information about the Services, and to publicize and promote certain content, products and services offered by us, our business partners and/or other third parties. When there is a separate sign-up for communications, we may ask for your contact information such as name and email address, and, sometimes, demographic and profile information. We will ask you to confirm your consent to any such uses at the time you sign up for these services or communications.
Information you provide to us when you contact us for technical, operational or other support or otherwise provide any comments or feedback to us.
We may automatically collect certain Information about your equipment, browsing actions and other patterns by using certain automatic data collection technologies (as further described in Section 6 below) when you visit, access and/or interact with the Services, including:
Log Files – When you use the Services, our servers automatically collect certain Information including Information that your browser and/or Device sends whenever you visit a website and/or use the applicable Device. Such Information may include your IP address, browser type and settings, and other usage data.
Information about Your Device – We may also collect Information about the Device that you access and/or use the Services on, including what type of Device it is, unique Device identifiers, and other data provided by your applicable third party service provider and/or Device manufacturer. You should read the policies of such third parties in order to learn more about what Information your Device makes available.
Other Non-Personal Information – Other Non-Personal Information related to your use of the Services, including usage, traffic data and other communication data and resources that you access when you interact with the Services.
We may supplement the Information we collect with information from other sources, such as publicly available information from commercially available sources and information from our affiliates or business partners.
6. AUTOMATIC DATA COLLECTION TECHNOLOGIES. The Information we collect automatically (as described above) is Non-Personal Information. It helps us to improve our Services and to deliver a better and more personalized user experience by enabling us, among other things, to store information about your preferences and to customize our Services. The technologies we use for this automatic data collection may include:
Flash Cookies – Certain features of the Services may use local stored objects (or Flash cookies) to collect and store Information about your preferences and navigation to, from and on the Services. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons – Pages of the Services may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit Whatdesk, for example, to count users who have visited those pages and/or for other related statistics.
We do not collect Personal Information automatically; however, we may associate the Information obtained through these technologies with your Personal Information that you provide to us or we obtain from other sources. Please see Section 10 below for more information on how to opt-out of the collection and use of Information collected via certain automatic collection technologies.
7. THIRD PARTY ADVERTISING SERVICE PROVIDERS. The Services may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Services. These Third Party Advertising Service Providers do not have access to any tracking technologies set by the Services except to the extent necessary to provide services to us in connection with the Services; however, these Third Party Advertising Service Providers may use their own tracking technologies to collect similar Information. Whatdesk does not control these Third Party Advertising Service Providers, and/or their use of tracking technologies, which is instead governed by the privacy policies of any such Third Party Advertising Service Providers. Please see Section 10 below for more information on how to opt-out of the collection and use of Information collected via certain automatic collection technologies.
8. HOW WE USE AND DISCLOSE YOUR INFORMATION. We do not sell your information to third-parties. However, we may use and/or disclose the Information we collect to provide the Services (and all features of the Services) to you, including, without limitation, as follows:
To measure and improve the Services, as well as improve your experience with both online and off-line Services by delivering content that you will find relevant and interesting, including advertising and marketing messages.
To provide you with customer support and to respond to inquiries.
To allow service providers, contractors and other third parties to assist us in providing and managing the Services.
To deliver relevant advertisements to you, and/or to allow our service providers to deliver relevant advertisements to you, when you use the Services or another service.
To contact you periodically, send promotional materials and/or notifications related to the Services and/or your User Account.
The Services may provide you and other Users with an opportunity to participate in viewing communities and other message, comment and communication features on the Services, including in connection with Third Party Services, and may provide you with the opportunity to submit, post, publish and otherwise make available User Content to other Users of the Services or to the public. Certain Personal Information associated with the User Content, for example, your name or photograph, may be intended for disclosure. We will disclose any such Personal Information in connection with the display of, and other services relating to, such User Content and by submitting User Content on the Services, you affirmatively consent to the distribution of your Personal Information in the context of that User Content and have no expectation of privacy or confidentiality in connection therewith. You acknowledge that once submitted, posted, published and/or otherwise made available, User Content may be distributed outside the Services by users with access to such User Content and information, and that the Services do not completely control who views or distributes same. You may not be able to “undo” or “delete” any User Content. Accordingly, you should not submit, post, publish or otherwise make available any User Content you wish to remain private or confidential or which may contain any sensitive information. Please see the Terms of Service Agreement for more information regarding User Content and the terms and conditions associated therewith.
Whatdesk may further share and disclose your Information as follows:
Whatdesk may share your Information with business partners to permit them to send you marketing communications consistent with your choices and preferences.
Whatdesk may disclose your Information where Whatdesk has a good faith belief that such disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Whatdesk and their respective employees, agents and contractors (including enforcement of our agreements and our Terms of Service Agreement); (ii) protect the safety, privacy, and security of Users of the Services or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; and/or (v) respond to requests from public and government authorities.
If Whatdesk sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Whatdesk may transfer your Information to the party or parties involved in the transaction as part of that transaction.
Additionally we may use and/or disclose your Information in any other way we may describe when you provide the Information and/or receive your consent. Notwithstanding the foregoing, we may use any and all Non-Personal Information collected from or about you for any reasonable purpose that is necessary to provide the Services or other related product and/or service requested. You can choose to opt-out of certain such uses as described in Section 9 and Section 10 below.
9. USER CHOICE AND ACCESS. We strive to provide you with as many choices as possible to access, review, correct, update, suppress, or otherwise limit our use of the Information you have previously provided directly to us, including:
Via Your User Account Settings – If you have registered for a User Account, you may have the ability to access and use certain features and functionality that provide you with the ability to set certain privacy, permission and User Account options and settings on the Services that. Please be aware that that if you limit the collection of certain Information, you may not be able to use all of the features and functionality of the Services.
Via Email – You may also contact us by email at firstname.lastname@example.org. In your request, please include your email address, name, address, and telephone number and specify clearly what information you would like to access, change, update, or suppress.
Additionally, you may opt-out of:
Electronic Communications From Us – If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by (a) changing or editing your preferences of your User Account using the User Account settings (as described above), (b) contacting us via email in accordance with the procedure set forth above, and/or (c) using the opt-out mechanism that is contained in each such email. Please note that there are certain service notification emails that you may not opt-out of, such as notifications of changes to the Services or policies.
Third Party Marketing Purposes – You may request that we do not share your Personal Information on a going-forward basis with third parties for their direct marketing purposes by contacting us via email in accordance with the procedure set forth above.
We will try to comply with any request(s) as soon as reasonably practicable.
10. OPTING-OUT OF USE OF CERTAIN INFORMATION COLLECTED BY TRACKING TECHNOLOGIES.
Tracking Technologies Set by Third Party Advertising Service Providers and Similar Third Parties – For more information about Third Party Advertising Service Providers and similar entities that use tracking technologies, see www.aboutads.info/consumers, and to opt-out of such Third Party Advertising Service Providers advertising practices, go to www.aboutads.info/choices.
Tracking Technologies That We Use and Set on the Services – Most browsers are initially set to accept cookies (other than Flash cookies), but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website, see http://www.adobe.com/products/flashplayer/security/privacy_policy/faq.html.
Certain browsers transmit “do-not-track” signals to the websites in which such browsers communicate with; however, this feature, and how it is used and activated, varies from browser to browser. It is not clear whether the signals are intentionally transmitted by a User, or whether a User is even aware of this. Despite current efforts, there is still disagreement amongst leading Internet standards organizations, industry groups, technology companies and regulators, concerning what, if anything, websites should do when they receive such signals and no standard has been adopted to date. With respect to “do not track signals”, we currently do not take action in response to these signals, but, if a standard is established and accepted, we may reassess how to respond to these signals.
Please note that by blocking any or all cookies you may not have access to certain features, content and/or other personalization available through the Services.
11. SECURITY. While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Information, we cannot guarantee the security of your Information transmitted to or through the Services. Any transmission of Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
12. YOUR CALIFORNIA PRIVACY RIGHTS. Whatdesk is in strict compliance with the requirements of California’s Online Privacy Protection Act (OPPA, Cal. Bus. & Prof. Code 22575-22579). If you are a resident of the State of California, we provide you with information above on how to exercise your choice options such as your right to opt-out or opt-in for use of your Personal Information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and would like to request information about how to exercise your third party disclosure choices or other rights afforded under the law of the State of California, please send an e-mail to email@example.com
Email – firstname.lastname@example.org