Last updated September 25, 2024
This Privacy Notice for Whip-Smart LLC ( "we," "us," or "our" ), describes how and why we might access, collect, store, use, and/or share ( "process" ) your personal information when you
use our services ( "Services" ), including
when you:
- Visit our website
at http://www.whipsmartmktg.com , or any website of ours that links to this Privacy Notice
- Engage with us in other related ways, including any sales, marketing, or events
Questions or
concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. We are responsible for making
decisions about how your personal information is processed. If you do not agree with our policies and practices, please do not use our Services.
If you still have any questions or concerns, please contact us at hello@whipsmartmktg.com .
SUMMARY OF
KEY POINTS
This summary provides key points from our Privacy Notice, but you can find out
more details about any of these topics by clicking the link following each key point or by using our table
of contents below to
find the section you are looking for.
What personal information do we process? When you
visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices
you make, and the products and features you use. Learn more about personal information you disclose to us
.
Do we process any sensitive personal information? Some of
the information may be considered "special" or "sensitive" in
certain jurisdictions, for example your racial or ethnic origins, sexual orientation, and religious beliefs. We
do not process sensitive personal information.
Do we collect any information from third
parties? We do not collect any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our
Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other
purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we
process your information.
In what situations and with which parties do we share personal information? We may share information in specific situations and with
specific third parties. Learn more about
when and with whom we share your personal
information.
How do we keep your information safe? We have adequate
organizational and technical processes and procedures in place to protect your personal
information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so
we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn
more about how we keep your information safe.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have
certain rights regarding your personal information. Learn more about your privacy rights.
How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request , or by contacting us. We will consider and act upon any request in accordance with applicable data protection
laws.
Want to learn more about what we do with any information we collect? Review the Privacy Notice in full
.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal
information that you voluntarily provide to us when you
express an interest in obtaining information about us or our products and Services, when you participate
in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the
context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we
collect may include the following:
-
names
email addresses
Sensitive Information.
We do not process sensitive information.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to
such personal information.
Information automatically collected
In Short:
Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics
— is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the
Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage
information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name,
country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to
maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
The information we
collect includes:
-
Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise.
How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS
and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to
collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to
opt out, you may not be able to use certain aspects of the Services.
2. HOW DO WE PROCESS YOUR INFORMATION?
In
Short: We process your information to provide, improve, and administer our Services, communicate with you, for security
and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your
personal information for a variety of reasons, depending on how you interact with our Services, including:
We will use and retain the collected personal information as needed to
provide the Services or for:
Whip-Smart LLC
2909 S. Wayzata Blvd Minneapolis , MN
55405
United States
Based on the applicable laws of your country or state of residence in the US , you may
have the right to request access to the personal information we collect from you, details about how we have
processed it, correct inaccuracies, or delete your personal information. You may also have the right to
withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable
law. To request to review, update, or delete your personal information, please fill out and submit a
data
subject access request
.
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- To deliver and facilitate delivery of services to the user. We may process your information to provide you
with the requested service.
-
To send you marketing and promotional
communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your
marketing preferences. You can opt out of our marketing emails at any time. For more information, see
" WHAT ARE YOUR PRIVACY RIGHTS? "
- To evaluate and
improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to
identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing,
and your experience.
- To determine the
effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide
marketing and promotional campaigns that are most relevant to you.
In Short:
We may share information in specific situations described in this section and/or with the following
third parties.
We may need to share your personal information in the following situations:
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
In Short: We may use cookies and other tracking technologies to
collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact
with our Services. Some online tracking technologies help us maintain the security of our Services , prevent
crashes, fix bugs, save your preferences, and assist with basic site functions.
We also permit third parties and service providers to use online tracking technologies on our Services for
analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned
shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide
advertising about products and services tailored to your interests which may appear either on our Services or on other websites.
To the extent these
online tracking technologies are deemed to be a "sale"/"sharing"
(which includes targeted advertising, as defined under the applicable laws) under applicable US state laws, you can opt out of these online
tracking technologies by submitting a request as described below under section " DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS? "
Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie
Notice .
Google Analytics
We may share your information
with Google Analytics to track and analyze the use of the
Services. To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.com/dlpage/gaoptout. For more information on the privacy
practices of Google, please visit the Google Privacy & Terms page.
5. HOW LONG DO WE KEEP YOUR
INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by
law.
We will only keep your personal
information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted
by law (such as tax, accounting, or other legal requirements).
When we have no ongoing legitimate business need to process your personal
information, we will either delete or anonymize such
information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely
store your personal information and isolate it from any further processing until deletion is possible.
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to
protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However,
despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can
be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other
unauthorized third parties will not be able to defeat our security and improperly collect,
access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information
to and from our Services is at your own risk. You should only access the Services within a secure environment.
7. DO WE COLLECT INFORMATION FROM MINORS?
In Short:
We do not knowingly collect data from or market to children under 18 years of age .
We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly
sell such personal information. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a
minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has
been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become
aware of any data we may have collected from children under age 18, please contact us at
hello@whipsmartmktg.com .
8. WHAT ARE YOUR PRIVACY RIGHTS?
In Short:
You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law,
you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact
details provided in the section " HOW CAN YOU CONTACT US ABOUT THIS NOTICE? " below .
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal
information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing
and promotional communications at any time by clicking on the unsubscribe link in the emails that we send,
or by contacting us
using the details provided in the section " HOW CAN
YOU CONTACT US ABOUT THIS NOTICE? " below. You will then be removed from the marketing lists.
However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and
use of your account, to respond to service requests, or for other non-marketing purposes.
If you have questions
or comments about your privacy rights, you may email us at hello@whipsmartmktg.com .
9. CONTROLS FOR DO-NOT-TRACK
FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ( "DNT" ) feature or setting you can activate to signal your privacy preference not
to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized . As such, we do not currently respond to DNT browser signals or any
other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must
follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.
California law requires us to let you know how
we respond to web browser DNT signals. Because there currently is not an industry or legal standard for
recognizing or honoring DNT signals, we do not respond to them at this time.
10. DO UNITED STATES RESIDENTS HAVE SPECIFIC
PRIVACY RIGHTS?
In Short: If you are a resident of Iowa , you may have the right to request access to and receive details about the personal information we maintain about you and
how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your
consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is
provided below.
Categories
of Personal Information We Collect
We have collected the following categories of personal information in the past twelve (12) months:
Category | Examples | Collected |
A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact
number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name
|
Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic
data |
| |
Transaction information,
purchase history, financial details, and payment information | ||
Fingerprints and voiceprints | ||
| Browsing history, search history, online | |
Device location | ||
Images and audio, video or call recordings
created in connection with our business activities | ||
| Business contact details in order to provide you our Services at a business level or job title, work
history, and professional qualifications if you apply for a job with us | |
Student records and directory information | ||
Inferences drawn from any of the collected personal information listed
above to create a profile or summary about, for example, an individual’s preferences and characteristics | ||
We may also collect other personal information
outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.
-
Category A -
As long as the user maintains a business relationship with us
Sources of Personal
Information
Learn more about the sources of personal information we collect in
" WHAT INFORMATION DO WE COLLECT? "
How We Use and Share Personal Information
Learn about how we use your personal
information in the section, " HOW DO WE PROCESS YOUR INFORMATION?
"
Will your information be shared with anyone else?
We may disclose your personal
information with our service providers pursuant to a written contract between us and each service provider. Learn more about how we disclose
personal information to in the section, "
WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION? "
We may use your personal information for our own business purposes, such as for undertaking internal research for
technological development and demonstration. This is not considered to be "selling" of your personal information.
We have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the
preceding twelve (12) months. We will not sell or share personal information in the future belonging
to website visitors, users, and other consumers.
Your
Rights
You have rights under certain US state data protection laws.
However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:
-
Right to know whether or not we are processing your personal data
- Right to access your personal data
- Right to
correct inaccuracies in your personal data
- Right to request the deletion of your personal data
- Right to obtain a copy of the personal
data you previously shared with us
-
Right to non-discrimination for exercising your rights
- Right to opt out of the processing of
your personal data if it is used for targeted advertising
, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ( "profiling" )
How to Exercise Your Rights
To exercise these rights, you can contact us by submitting a
data subject access request
,
by emailing us at hello@whipsmartmktg.com ,
or by referring to the contact details at the
bottom of this document.
Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny
a request from an authorized agent that does not submit
proof that they have been validly authorized to act on your
behalf in accordance with applicable laws.
Request Verification
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have
the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the
request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional
information for the purposes of verifying your identity and for security or fraud-prevention purposes.
If you submit the request through an authorized
agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to
provide a written and signed permission from you to submit such request on your behalf.
Appeals
Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal
our decision by emailing us at hello@whipsmartmktg.com . We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the
reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.
11. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this
notice as necessary to stay compliant with relevant laws.
We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this Privacy Notice. If we make
material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a
notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.
12. HOW CAN YOU CONTACT US
ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at hello@whipsmartmktg.com or
contact us by post at:
13. HOW CAN YOU REVIEW, UPDATE,
OR DELETE THE DATA WE COLLECT FROM YOU?