Terms of Service

1. Introduction

Last updated 09/10/2023

Our aim is to keep this Agreement as readable as possible.

2. Your Acceptance of this Agreement

These terms of service are entered into by and between You and Whelm (“Company,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Service”), govern your access to and use of app.whelm.me, including any content, functionality, and services offered on or through app.whelm.me (the “Website”).

Please read the Terms of Service carefully before you start to use the Website.

By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at /privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.

You must be at least 18 years old to use this Website. However, children of all ages may use the Website if enabled by a parent or legal guardian. If you are under 18, you represent that you have your parent or guardian’s permission to use the Website. Please have them read these Terms of Service with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are subject to the terms of these Terms of Service and responsible for your child’s activity on the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU:

ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;

YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,

YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

3. Updates to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Continuing to use the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

4. Your Responsibilities

You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY.

5. Prohibited Activities

Whelm is a space for people to work on improving themselves and their lives. We are fostering an open community where users feel safe to share. Inappropriate behavior, harassment, and posting inappropriate content (depicting violence, nudity, drug-use, or sexual abuse) will not be tolerated. You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempting to interfere with the proper working of the Website.

6. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

7. Our Rights

We have the right, without provision of notice to:

• Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website; and
• Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service.

YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

8. Third-Party Links and Content

For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

9. Online Orders

• All orders, purchases or transactions for the sales of goods, digital products, or information made using this Website are subject to the following additional terms and conditions of sale:
  • You may not order or obtain goods, digital products or information from this Website if you: (i) are prohibited from accessing or using this Website or any of this Website’s contents, goods, digital products or information by applicable law or (ii) you are outside the geographic region where the goods, digital products or information are available for purchase;
  • You agree that your order is an offer to buy, under these Terms of Service, all goods, digital products, or information listed in your order. All orders must be accepted by us or we will not be obligated to sell such goods, digital products or information to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered; and
  • All prices, discounts, and promotions posted on this Website are subject to change without notice. The price and currency charged for a goods, digital products or information will be the price and currency advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price and currency charged will be clearly stated in the shopping cart before you confirm your purchase. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total pricing and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
• Where an order indicates a license is being purchased:
  • All uses on this Website of the terms “sell”, “sale”, “resell”, “resale”, “purchase”, “price”, and the like mean the purchase or sale of a license;
  • Each good, digital product or information marketed as such on this Website is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license Terms of Service posted with or made available to you at /license;
  • You will comply with all terms and conditions of the applicable license Terms of Service for any goods, digital products or information you obtain through this Website, and you will not cause, induce, or permit others’ non-compliance with the terms and conditions of any of license Terms of Services for the goods, digital products or information; and
  • Except for the limited license granted under the relevant license Terms of Service, nothing in these Terms of Service grants any right, title, or interest in or to (including any license under) any intellectual property rights in or relating to, the good, digital product or information, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the good, digital product or information are and will remain with Company or its licensors, as applicable.
• Shipments & Delivery.
  • We will arrange for shipment of the goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
  • Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

10. Payment and Fees

You may be required to purchase or pay a fee to access our services. We accept Mastercard, Visa and American Express for all purchases. However, Company does not guarantee the availability of any payment method at any moment and Company may add, remove or suspend any payment method temporarily or permanently at Company’s sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in CAD.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.

11. Disclaimers, Liability and Indemnification

EXCEPT FOR THE LIMITED WARRANTIES AT /warranty , YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

How We Limit Our Liability to You

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website’s content and services other than as expressly authorized in these Terms of Service or any use of any goods, digital products and information purchased from this Website.

12. Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, which can be found here http://www.copyright.gov/legislation/dmca.pdf, and specifically in accordance with 17 U.S.C. § 512(c)(3), we will respond expeditiously to claims of copyright infringement committed using the Company Website if such claims are reported to Company’s Designated Copyright Agent identified below.

If you are a copyright owner or authorized to act on behalf of one, please report alleged copyright infringements taking place on or through the Website by completing a DMCA Notice of Alleged Infringement and delivering it to Company’s Designated Copyright Agent. Upon receipt of Notice as described below, we will take whatever action in our sole discretion as we deem appropriate, including removal of the challenged content from the Website. Please note that if you fail to comply with all of the requirements of this section and of 17 U.S.C. § 512(c)(3), your DMCA notice may not be valid.

• Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by your Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website or the exact location where such material may be found.
• Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright holder, the holder’s agent, or pursuant to law, to post and use the material in your content, you may send a counter-notice containing the following information to Whelm’s Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that was removed or to which access has been disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Ontario, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against Whelm or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.

Whelm does not condone or tolerate copyright infringement or any violation of the intellectual property rights of Whelm or of others. Whelm reserves the right to terminate the access and/or use privileges of any person who has been determined to be a ‘repeat infringer’ of the copyrights of Whelm or others. Whelm reserves the right to define the criteria by which Whelm will determine that a person is a ‘repeat infringer.’ In the event that ‘repeat infringer’ is defined by statute, law, or regulation as applicable to 17 U.S.C. § 512, Whelm will adopt that definition as a minimum standard. Without limiting Whelm’s right to define ‘repeat infringer,’ as a general rule, Whelm will define a ‘repeat infringer’ as any person or entity about whom Whelm has received two or more DMCA Notices of Alleged Infringement. Whelm will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a ‘repeat infringer’ is appropriate.

REGARDLESS OF WHETHER Whelm TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, Whelm IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL Whelm INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY Whelm WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.

13. Privacy Policy

Your provision of personal information through the Website is governed by our privacy policy located at /privacy-policy (the “Privacy Policy“).

14. Governing Law

The Website and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Service will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.

15. Severability

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.

16. Entire Terms of Service

These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.

17. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

20. Notice

We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

Last Updated:  09/10/2023

Privacy Policy

Welcome, this is the Privacy Policy (the “Policy”) applicable for our Services, websites and platforms, encompassing their sub-domains and its mobile optimized versions.

Whisky Tango Investments (“us”, “we”, or “our”) operates the https://app.whelm.me website (the “Service”). A visitor or end user of our Services shall be referred to as “you”, “your(s)” or “yourself”.

This page informs you of our policies regarding the collection, use, and disclosure of Personal Data when you use our Service and the choices you have associated with that data.

This Policy also applies to Personal Data collected through the mobile version of our websites, independently of the mobile operative system, mobile device or browser you use to access it.

Capitalized terms that are not defined in this Policy have the meaning given to them in our Terms, along with any and all of our rules, guidelines and ancillary policies (if any), all included herein by reference.

Terms and Definitions

The following defined terms will be used in this Policy, whether they are used in the singular or plural form.  Any capitalized terms not defined in this Policy shall have the meanings set forth in our Terms, guidelines, terms, or rules referenced therein, as applicable.

• Service. Service is the https://app.whelm.com website.
• Personal Data. Personal Data, as described in various privacy laws and information security standards, means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession), either on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.
• Usage Data. Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Cookies. Cookies are small pieces of data stored on your device (computer or mobile device).
• Data Controller. Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
• Data Processors (or Service Providers). Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
• Data Subject (or User). Data Subject is any living individual who is using our Service and is the subject of Personal Data.
• Terms. Shall mean our Terms and Conditions of Service, accessible from https://app.whelm.me.

Lastly, the terms “collect”, “process”, “treat”, “use”, “share”, “disclose”, “divulge” and analogous words shall refer to Personal Data and other information collected from our visitors and end users.

Comments

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”).  Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

We may collect the information and content that you post, upload, use, exploit, sell, subscribe to or otherwise exploit when using BUDDYBOSS DMCC, including any user generated content.  Your content, date and time stamps, and all associated comments are publicly viewable on BUDDYBOSS DMCC  This also may be indexed by search engines and be republished elsewhere on the Internet in accordance with our Terms.

We may also collect information that cannot be used to personally identify an individual person, such as anonymous usage data, general demographic information that we may collect, such as number of clicks, platform types, preferences you submit and preferences that are generated based on the data you submit.

Usage Data

We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

We may also collect single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs; which are smaller than cookies and tell our server information such as the IP address and browser type related to the visitor’s device.

We may also collect “log files,” “server logs”, “clickstream” data and “Internet Tags”; which are used for system management, to improve the content of our websites, market research purposes, and to communicate information to visitors.

Personal Data Collected via Service Providers

We may allow our users to use third party Service Providers integrations such as WordPress, Facebook, Google and others (if available).  Our platform might also provide an option of using your social media credentials and, thus, by such action, we will collect your Personal Data as given by such third party platforms, but never more than the Personal Data these platforms disclose.  

Collected Personal Data from such third parties will include, but will not be limited to, friend lists, email, image gallery, likes and other information.  If you close your social media account, or if you deauthorize our access, your access to our websites may be suspended.  For more information, please read the terms and policies of such third party platforms.  Please take into account that such third party social media platforms may disclose and share your personal information according to their own rules, guidelines and policies.

For our users who are creators of content that is sold to end customers, the social media integrations may allow you to access, treat and use Personal Data according to their own terms, conditions, guidelines, policies and advertising rules.  For more information, you ought to be familiar with such documents, which are not enforced by BUDDYBOSS DMCC  Any changes in such functionalities will be the sole and final responsibility of the social media network.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.  If you wish so, you can easily disable cookies on your web browsing software by following the step-by-step guides located at www.allaboutcookies.org and at www.youronlinechoices.com.

By agreeing to accept our use of cookies, you are giving us, and the third parties we partner with, permission to place, store, and access some or all the cookies described below on your device.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.
• Necessary Cookies.  These cookies are necessary for proper functioning of our Services, such as displaying content, logging in, validating your session, responding to your request for services, and other functions.
• Functional Cookies.  These cookies enable the Site to remember a user’s choices – such as their language, user name, and other personal choices – while using our Services.  They can also be used to deliver services, such as letting a user make a blog post, listen to audio, or watch videos on the Site.
• Efficiency Cookies.  These cookies collect information about how you use BUDDYBOSS DMCC (e.g. which pages you visit, and if you experience any errors).  This helps us to improve the way our Services work, understand the interests of our users, and measure the effectiveness of our advertising.  Some of our efficiency cookies are managed for us by third parties, and these cookies do not collect information that could identify you.
• Demographics and Interests Reporting Cookies. These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website.  Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page.  Session cookies expire after a browser session; thus, they are not stored long term. 
• Persistent Cookies. These cookies are stored on a user’s device in between browser sessions, which allows the user’s preferences or actions across a website (or, in some cases, across different sites) to be remembered.  Persistent cookies may be used for a variety of purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.

We may also collect and use the data contained in log files, which may include your IP address, your ISP, the browser you used to visit our platform, the time you visited our platform and which sections you visited.

When you access our platform via a mobile device, we may use your mobile device ID (i.e. the unique identifier assigned to a mobile device by the manufacturer) and/or Advertising ID (for Apple iOS) instead of cookies in order to recognize you and track displayed web pages, along with their performance.  For the latest versions of Apple iOS, your device would request you one or more times for your express consent for advertising tracking.

Use of Data

Whelm uses the collected data for various purposes:

• To provide and maintain our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Whelm legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Whelm may process your Personal Data because:

• We need to perform a contract with you
• You have given us permission to do so
• The processing is in our legitimate interests and it’s not overridden by your rights
• For payment processing purposes
• To comply with the law

Retention of Data

Whelm will retain your Personal Data only for as long as is necessary for the purposes set out in this Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Whelm will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States of America and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Whelm will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If Whelm is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure to Affiliates and Partners

We will need to share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work.  This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity.

Public Domain

In addition, any of your submitted user generated content may be indexed by search engines. In some cases, we may charge for access to your content and public information on our platform.

Vital Interests

We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

Disclosure for Law Enforcement

Under certain circumstances, Whelm may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Whelm may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of BUDDYBOSS DMCC.
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Security

The security of your Personal Data is important to us, please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

You can be assured that personal information collected through the Site is secure and is maintained in a manner consistent with current industry standards.  The importance of security for all personal information associated with our subscribers is of utmost concern to us.  Your personal information is protected in several ways.  We protect inputted information by undertaking the reasonable technical and administrative security measures (e.g. firewalls, data encryption, physical & administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorized access, disclosure, and alteration.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

Occasionally, we will ask you for express permission and approval to receive electronic messages in electronic format which are then sent to an electronic address and that contains a message asking recipients to participate in commercial activities such as newsletters, purchase of products, services and invitations to participate in surveys.

We will send you service-related announcements on occasions when it is necessary to do so.  For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our services, we might send you an email.  Generally, you may not opt-out of these communications, which are neither commercial nor promotional in nature.  

Generally, you have the right to object to the processing of your personal data if grounds for this objection is to direct marketing.  

You have the right to opt out of receiving promotional communications at any time by: (i) contacting us; (ii) when we may ask you to confirm or update your marketing preferences if you instruct us to provide further the features and functionality of websites in the future; (iii) if there are changes in the law, regulation, or the structure of our business.

GDPR

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. For the purposes of the GDPR, in the European Union, Whelm.me is a Data Controller of the Personal Data you provide to us for the primary purposes of providing you with our Services. Whelm.me aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

For our European Union customers and users, by clicking the “I Accept” button or otherwise accepting the terms and conditions of our services through a clickable action or similar action, you hereby acknowledge, agree and unequivocally consent to the collection, process, management, treatment, transfer and authorized of your Data Controller by Whelm.me, its affiliates and authorized third parties.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. You retain the right to access, amend, correct or delete your Personal Data where it is inaccurate at any time.  To do so, please contact us as indicated on our contact section.  We reserve the right to charge a reasonable fee in some cases, as permitted by applicable laws and regulations, in order to comply with complex requests or repetitive requests from individual users.

The section below covers the certain situations that you, as data subject, and we as a data controller, are most likely to see, but you should also carefully review the full list of data subject rights here: https://gdpr-info.eu/chapter-3/.

If you are resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

In certain circumstances, you have the following data protection rights:

• The right to be forgotten. You can request us to be “forgotten”; that is, to have your entire Personal Data removed from our service.  If we are asked to do this, in accordance with Article 17 GDPR we will remove any Personal Data that we have collected from you as requester.  We will also need to contact any third parties that process your Personal Data on our behalf, such as our cloud service providers.  To ensure that any personal data in BUDDYBOSS DMCC’ possession can be removed in a timely manner, you can relay any request to be “forgotten” to us by submitting a request.
• The right to access, update or to delete the information we have on you. As a data subject, in accordance with Article 15 GDPR you can ask BUDDYBOSS DMCC to confirm how and where your Personal Data is being stored and processed. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. You also have the right to know how such that data is shared with third parties by us.
• The right of rectification. in accordance with Article 16 GDPR you have the right to obtain from BUDDYBOSS DMCC, without undue delay, the rectification of inaccurate Personal Data concerning you if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Data.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. Under the GDPR, in accordance with Article 20 GDPR our users located in the EU may request BUDDYBOSS DMCC to send them any Personal Data in our possession. In this case, we will provide you with any Personal Data that you have in a commonly used, structured and machine-readable format.
• The right to withdraw consent. In accordance with Article 7 (3) GDPR, you have the right to withdraw your consent given to us at any time where BUDDYBOSS DMCC relied on your consent to process your personal information.
• The right to be informed.  You have the right to be informed about the Personal Data we collect from you, and how we process it.  
• The right to object. In accordance with Article 18 GDPR you have the right to object to us processing your Personal Data for the following reasons:

• Processing was not based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
• Direct marketing (including profiling);
• Processing for purposes of scientific/historical research and statistics; and
• Rights in relation to automated decision-making and profiling, which produces legal effects concerning you or similarly significantly affects you.
• The right to complain. You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the GDPR.  In accordance with Article 77 GDPR, if the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Your privacy request must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the Personal Data with regard to which you seek to enforce any of your privacy rights.  If you request rectification, please indicate amendments to be made and attach documentation to back up your request.

Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your Personal Data from our Services for the maximum term allowed by the GDPR on each applicable case.  In case of secure databases under our control where deletion is impossible, we will make such information permanently inaccessible.

CCPA

Pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”), Whelm.me and its affiliates hereto provide the following Policy notice regarding the categories of Personal Data that we have collected or disclosed within the preceding twelve (12) months about California residents who are not employees, independent contractors, owners, directors, officers, or job applicants of Whelm.me, or emergency contacts or benefits beneficiaries of the foregoing.

Henceforth, the CCPA provides Californians with the following rights:

• Requests for Information. You (or your authorized agent) can request a copy of your Personal Data, including how we have collected, used, and shared your Personal Data over the past 12 months (if any), including the categories of Personal Data we collected and our purposes for doing so; the categories of sources for that information; the categories of third parties with whom we shared it for a business purpose and our purposes for doing so.
• Your Right to Notification. Under the CCPA, we cannot collect new categories of Personal Data or use them for materially different purposes without first notifying you.
• Nondiscrimination for exercising your CCPA Rights. The CCPA prohibits us from discriminating against you for exercising your rights under the law.  Such discrimination may include denying services, charging different prices or rates for services, providing a different level or quality of services, or suggesting that you will receive a different level or quality of goods or services as a result of exercising your rights.
• Your Right to Delete Personal Data. You can request that we delete your Personal Data by contacting us.  You also can request that we delete specific information, and we will honor such requests, unless a due exception applies, such as when the information is necessary to complete a transaction, verify a fraud, review a chargeback or contract for which it was collected or when it is being used to detect, prevent, or investigate security incidents, comply with laws, identify and repair bugs or ensure another consumer’s ability to exercise their free speech rights or other rights provided by law.  Please take into consideration that we may deny your deletion request if retaining the Personal Data is necessary for us, our affiliates or our service providers in order to:

• Complete the transaction for which we collected the Personal Data information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug our products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation that has substantive grounds;
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Overall, we have, may or will collect the following categories of Personal Data from our users, customers and individuals, as necessary to fulfill our legal obligations and operational business purposes:

• Personal information, as defined in the California customer records law, such as contact information and financial information;
• Identifiers, such as online identifier, IP address and name;
• Financial information, such as transaction information and history and securities trading information and history;
• Internet or network activity information, such as browsing history and interactions with our and other websites and systems;
• Geo-localization data, such as device location and IP location;
• Audio, electronic, visual and similar information, such as video recordings and multimedia content created in connection with our business activities; and
• Inferences drawn from any of the Personal Data listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

Service Providers

We may employ third party Service Providers (both companies and individuals) to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Please be aware that such Service Providers are governed by their own terms, policies and personal data collection practices and policies.  Accordingly, by acknowledging your consent to this Policy, you are also acknowledging the applicable terms and conditions of such third party Service Provider, which provide functionalities that include aggregated statistics.  Upon the case of any discrepancy or conflict among this Policy and the terms of them, the terms of the latter entities will govern.

Our platform may also present our commercial partner’s hyperlinks as well as those of other third parties.  Once you have used these links to leave our platform, you should note that we do not have any control over other websites.  Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such websites and that such websites are not governed by this privacy statement.  You should exercise caution and look at the privacy statement applicable to the website in question

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

• Stripe. Their Privacy Policy can be viewed at https://stripe.com/us/privacy
• PayPal. Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

Payments

Our Service does not address anyone under the age of 18 (“Children”). If you are under such age, you may only access Whelm.me and our Services under the direct, express and unequivocal supervision of your parent or legal guardian.  

We do not knowingly collect personally identifiable information from anyone under the age of thirteen (13). If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion.  Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.