Privacy

Last updated: June 1, 2023

Whym is here to help both shoppers and brands make the most of product discovery and shopping experiences. This Privacy Policy explains what Personal Data we collect when you use our website and related services (including the Whym Wallet and Whym Marketplace), how we use and share that data, and your choices concerning our data practices.

Before using the Service or submitting any Personal Data to Whym, please review this Privacy Policy carefully and contact us if you have any questions.

1. PERSONAL DATA WE COLLECT

In this Privacy Policy, we use the term “Personal Data” to refer to information that we can use, either alone or in combination with other information in our possession, to identify you. The Personal Data we collect about you depends on how you use our services, including whether you are a Shopper or a Seller. For example:

  • We collect identification data, such as your name, email address, mobile phone number, shipping addresses, and social media handles, when you create an account, a Whym Wallet, or sign up for our newsletter. If you are a Seller, we collect your identification data when you become a member of Whym.
  • We collect your billing city, state, zip code and other financial data to assist our payment processors who process your orders. Whym does not have access to, process, or store your credit and/or debit card number, expiration dates, or CVV code.
  • We collect the information contained in your communications when you contact us with questions or concerns and when you voluntarily respond to questionnaires, surveys or requests for market research seeking your opinion and feedback. Providing this communication data is typically optional.
  • We may retain your commercial data, including a history of the products you browse, add to your cart, and/or purchase on the Whym Marketplace or using the Whym Wallet. If you are a Seller, we collect a history of your transactions.
  • When you interact with our social media pages (like Instagram and Linked in), we will collect the social media data that you elect to provide to us through your social media settings, such as your social media handle and location.
  • When you visit, use, and interact with our online services, we may receive certain information about your visit, use, or interactions. This internet activity data may include:
  • Log Data: Information that your browser automatically sends whenever you visit our website, including your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the website.
  • Cookies Data: Please see the “Cookies” section below to learn more about how we use cookies.
  • Device Data: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
  • Usage Data: Information about how you use our online services, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.
  • Location Data: We derive a rough estimate of your location from your IP address.
  • Email Open/Click Data: We use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email.

2. HOW WE USE PERSONAL DATA

We may use Personal Data to:

  • Create your account, Whym Wallet, or storefront and manage your interactions on the Whym Marketplace;
  • Process your orders, transactions, and payments;
  • Communicate with you, including to respond to your comments and questions and to send notices and updates regarding our website, services, and policies;
  • Tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers;
  • Provide your contact information and opt-in SMS messaging preferences to the Whym Seller that you elect to receive SMS communications from;
  • Analyze how you interact with our Service, maintain and improve our services, develop new products and services, and for other internal business purposes;
  • Prevent fraud, criminal activity, or misuses of our services and to ensure the security of our IT systems, architecture, and networks; and
  • Comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.

Aggregated Information. We may aggregate Personal Data and use the aggregated information to analyze the effectiveness of our services, to improve and add features to our services, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our services and share aggregated information like general user statistics with prospective business partners.

3. SHARING AND DISCLOSURE OF PERSONAL DATA

As a Shopper, when you communicate with and/or purchase a product from a Seller through the Whym Marketplace, we may share your contact details, communications, and purchase information with that Seller. The Seller will be notified of your SMS messaging opt-in preferences. The Seller may then use your Personal Data for its own purposes, in accordance with the Seller’s own privacy policy. Because we cannot control what the Seller does with your Personal Data, we recommend reviewing the Seller’s privacy practices before shopping from their store.

As a Seller, we make certain parts of your account publicly available to Shoppers and other users of our services. We may share your Personal Data with third party integration partners for e-commerce backend, payment provider and data analytics visualization.

For both Shoppers and Sellers, we may share your Personal Data with the following categories of third parties:

  • Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with vendors and service providers, including providers of hosting services, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Data in the course of performing their duties to us.
  • Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, transition of service to another provider, or other corporate transaction, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
  • Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Service, or the public, or (v) protect against legal liability.

4. COOKIES AND OTHER TRACKING TECHNOLOGIES 

We use cookies to operate and administer our website, gather internet activity data, and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it) and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.

Advertising: We use cookies and other tracking technologies to help deliver advertising that is relevant to you and based on your behavior on our website and on third party websites. If you would like to find out more information about behavioral advertising and how you can opt out, please visit the Network Advertising Initiative’s online resources at www.networkadvertising.org. If you opt out of behavioral advertising, you still will see digital ads – they just won’t be tailored to your interests.

Analytics: We use Google Analytics, a web analytics service provided by Google. Google Analytics uses cookies to help us analyze how users use the website and enhance your experience when you use the Site. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.

Setting your cookie preferences: On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the website and you may not be able to benefit from the full functionality of the website.

Online Tracking and Do Not Track Signals: We and our third party service providers may use cookies, pixels, or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the. Our website currently does not respond to “Do Not Track” signals.

5. CHILDREN

Our website is not directed to children who are under the age of 16. Whym does not knowingly collect Personal Data from children under the age of 16. If you have reason to believe that a child under the age of 16 has provided Personal Data to Whym through the Service please contact us and we will endeavor to delete that information from our databases.

6. LINKS TO OTHER WEBSITES

The Service may contain links to other websites not operated or controlled by Whym, including social media services. The information that you share with these sites will be governed by the specific privacy policies and terms of service of the sites and not by this Privacy Policy. Please contact these third party sites directly for information on their privacy practices and policies.

7. SECURITY

We implement measures to protect Personal Data. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us electronically.

8. YOUR INFORMATION CHOICES

We support the choices you make with respect to your Personal Data. In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Service, you may be unable to use those features.

Direct Email and Phone Marketing: You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails and/or text messages you receive by updating your settings through your account. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, we will continue to contact you regarding management of your account, other administrative matters, and in response to your requests.

9. YOUR PRIVACY RIGHTS

Depending on your jurisdiction, you may have certain rights with respect to your Personal Data that we process in our capacity as a data controller, subject to applicable law:

  • Right to Access. You have the right to access your Personal Data held by us.
  • Right to Rectification. You have the right to rectify inaccurate Personal Data and, taking into account the purpose of processing, to ensure it is complete.
  • Right to Erasure (or “Right to be Forgotten”). You have the right to have your Personal Data erased or deleted.
  • Right to Restrict Processing. You have the right to restrict our processing of your Personal Data.
  • Right to Data Portability. You have the right to transfer your Personal Data, when possible.
  • Right to Object. You have the right to object to the processing of your Personal Data that is carried out on the basis of legitimate interests, such as direct marketing.
  • Right Not to be Subject to Automated Decision-Making. You have the right not to be subject to automated decision-making, including profiling, which produces legal effects. Whym does not currently engage in the foregoing on our websites or in our products and services.

If you would like to exercise your rights or have questions or concerns, please complete our form or reach out using the information in the Contact Us section.

10. INFORMATION FOR CALIFORNIA RESIDENTS / CCPA RIGHTS

Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights to understand and request that we disclose details about how we handle your Personal Data. Our Verification process includes reasonable methods, including confirming your name, email address, country, and state or province prior to fulfilling requests for deletion or access to personal data. See below for how we collect, use, disclose, and share your Personal Data for California residents.

Categories of Personal Data Collected:
We may collect this Personal Data directly from you or third parties, including your interactions with us. Personal Data categories we collect are:

  • Identifiers, such as name, email address, address, and phone number;
  • Commercial information, such as records of products or services purchased and other transactional data;
  • Internet or other network or device activity details, such as technical data about your use of our website, products and services;
  • Geolocation data, such as your approximate location based on IP address;
  • Information you provide in connection with a job application.

We may retain this Personal Data for as long as is needed for the purpose(s) for which it was collected and no longer than is relevant and reasonably necessary. Our retention periods vary based on business, legal and regulatory needs. We securely retain records of data requests for at least 24 months as required under the CCPA.

Business and Commercial Purposes for Collection; Disclosures for a Business Purpose:
We may collect all of the above categories of Personal Data to run our business and carry out our day-to-day activities. We may collect and process Personal Data related to job applicants to recruit and hire, assess and evaluate a job applicant’s skills and qualifications.

Categories of Personal Data Sold or Shared for Cross-Context Behavioral Advertising:
We may disclose the above categories of Personal Data to third-party advertising partners, such as in connection with our use of tracking technologies for cross-context behavioral advertising or by providing lists of email addresses for potential customers, so that we can reach you across the web with advertisements for our products and services. This may be considered “sharing” or a “sale” under the CCPA. 

Categories of Personal Data Sold or Shared for Job Applicants:

Whym does not sell Personal Data relating to job applicants.

Sensitive Personal Data:
In addition to the categories of Personal Data listed above, we may collect certain categories of Sensitive Personal Data from you as that term is defined under CCPA, if you choose to provide it. We may collect the following;

  • precise geolocation

Categories of Sensitive Personal Data Disclosed:
Business Purposes For Which Sensitive Personal Data will be Used or Disclosed. We may collect the categories of Sensitive Personal Data listed for processing job applications and the purposes as further described in above, and to further our legitimate business purposes as outlined under the CCPA:

  • performing services, including maintaining or servicing accounts;
  • detection and prevention of security incidents;
  • protecting against malicious, deceptive, fraudulent or illegal actions and prosecuting those responsible;
  • auditing related to consumer interactions;
  • short-term, transient use;
  • quality and safety maintenance or verification;
  • internal research for technological development; and
  • debugging to identify and repair functionality.

Your CCPA Rights:

  • Right to Know About Personal Data Collected, Disclosed, or Sold. You have the right to request to know what Personal Data we collect, use, disclose, share and sell about you.
  • Right to Request Deletion of Personal Data. You have the right to request the deletion of your Personal Data collected or maintained by us as a business.
  • Right to Opt-Out of the Sale or Sharing of Personal Data. You have the right to opt-out of the sale of your Personal Data by us as a business. Whym shares Personal Data as described above, which may be considered a “sale” of Personal Data under the CCPA.
  • Right to Limit the Use and Disclosure of Sensitive Personal Data.  In some instances, we may use or disclose your Sensitive Personal Data for the legitimate business purposes as outlined under the CCPA, and for any other purposes as set forth in Section IV, above.  If we ever use or disclose your Sensitive Personal Data for a reason other than the legitimate business purposes as outlined under the CCPA and for any other purposes other than those described in Section IV, we will update this Privacy Policy and provide you with instructions to limit the use and disclosure of your Sensitive Personal Data.
  • Right to Correct Inaccurate Personal Data.  You have the right to request the correction of your Personal Data if it is inaccurate and you may submit a request as further described below.
  • Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights conferred by the CCPA.
  • Authorized Agent. You may designate an authorized agent to make a request under the CCPA on your behalf. We may require the agent to demonstrate proof of their authorization by providing us with a signed permission from you or a copy of your power-of-attorney document granting that right. In the case of the former, we may still request that you verify your own identity as described above or directly confirm that you have provided such permission.
  • Financial Incentives. We do not provide any financial incentives tied to the collection, sale, or deletion of your Personal Data.

If you would like to make a request and exercise your rights described above, please complete our online form, or reach out using the Contact Us section.

11. CHANGES TO THE PRIVACY POLICY

We may update our Privacy Policy to reflect changes to our services and our business. When we do, we will post an updated version on this page, unless another type of notice is legally required. Unless you direct us otherwise, the updated Privacy Policy will apply to your Personal Data (including the Personal Data we already collected about you).

12. CONTACT US

If you have any questions about our Privacy Policy or information practices, please feel free to contact us at our designated request address: privacy@whym.tech

The Whym Group, Inc.
1730 E Holly Ave #760
El Segundo, CA 90245