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PRIVACY POLICY

Last updated July 30th, 2019

INTRODUCTION

This Privacy Policy applies to information that Who Has It? Inc. and its parent, subsidiary and affiliate entities worldwide (individually referred to herein as “WHI” or “the Company” or “we” or “us” or “our”) collects about you on or through www.whohasit.co or one of our other website, applications or other services from which you are accessing this Privacy Policy (each referred to herein as a “Site” and collectively, the “Sites”).  

WHI, is the administrator of the influencer program to distribute products of third-party brand partners (the “Program”).

This Privacy Policy describes how we collect such information, how we use it and to whom and under what circumstances we may disclose it. Personal Information includes, but is not limited to, your name, postal address, zip or postal code, email address, telephone number, date of birth, payment information, demographic information, details on orders placed, and other information you choose to provide us, and for purposes of the California Consumer Privacy Act (CCPA), any information that directly or indirectly identifies, describes, relates to, is capable of being associated with, or can reasonably link to a particular consumer or household such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (“Personal Information”). The Personal Information we collect is stored and/or controlled by WHI, Inc. in Los Angeles and/or the relevant local corporate affiliate(s).

We may share and use your Personal Information with our parent, subsidiary and affiliate entities for use in connection with their websites, and their services.  We may share your Personal Information with third parties for their direct marketing purposes as further described in our Information Disclosure and Your Choices/Your Privacy Rights sections below.  If WHI becomes involved in a merger, acquisition, asset sale, or similar transaction, such as a sale of a particular product line or division of our business, WHI may share or transfer your Personal Information in connection with the transaction and your Personal Information may become subject to the privacy policy of another entity.

This Privacy Policy applies solely to information collected at or through the Site. However, we may link to other online destinations, so we advise you carefully review their respective privacy policies. Please be aware that WHI is not responsible for the contents and the privacy practices of such other sites.

WHI’s Terms of Use (which describes your use of the services we make available on this Site) is incorporated into and is a part of this Privacy Policy.

CALIFORNIA PRIVACY RIGHTS

Section 1798.83 of the California Civil Code provides that residents of California can obtain certain information about their personal information (as defined under Section 1798.83(e)(6) of the California Civil Code) that companies have shared with third parties for direct marketing purposes during the preceding calendar year, as well as the identity of those third parties. Personal information, as defined under the California Civil Code, includes, but is not limited to, data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller. To request a copy of your personal information maintained by us, please contact us at legal@whohasit.co. 

INFORMATION YOU PROVIDE TO US

WHI collects Personal Information through the Site at several points.

We (or our service providers) collect information from you when you: (1) place orders from us on our Sites or otherwise use the services and/or the Program; (2) create an account with us (the “Account”), or otherwise sign up for a service or feature; (3) complete a survey; (4) communicate with us via third-party social media sites; (5) apply for a job with us; or (6) contact us, or otherwise communicate with us or provide information to us.  

When you visit our Site, we also collect anonymous information such as your IP address or domain name to analyze Site traffic, but this information is not personally identifiable. We will use this information to help diagnose problems with our server, to administer our Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis. 

In some cases, you may provide information to us about another person, such as when you share Site content or send a message to a friend through a Site or otherwise. In such cases, you represent that you have the authorization of such person to provide us with such information.

We may combine your (and others’) information that we have collected from you (or others) with information we may receive from other sources, such as third-party social media platforms (e.g., when you choose to log in to our Sites through a third-party social media platform, subject to your actions and settings thereon), address update services and co-promotion partners. By accessing our Sites, you signify your consent to the above collection of your Personal Information.

When you are creating an Account for the first time on a Site with an email address that you have previously provided to us in another circumstance (e.g., when signing up for our emails), we may recognize that email address and, once you have completed the account set-up process, you may be able to see your contact information already included in your new online Account. This is happening because we have recognized your email address and, for your convenience, have added your information to your Account.

If you do not want us to collect your Personal Information, please do not provide it to us. You can update your information or change settings by accessing your Account via the Site.  In addition, you can revoke your consent in accordance with the procedures set forth below. 

If you receive an email or other correspondence requesting that you provide any sensitive information (including your Site password or credit card information) via email or to a web site that does not seem to be affiliated with the Site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at legal@whohasit.co. 

SITE INFORMATION & OTHER INFORMATION COLLECTED AUTOMATICALLY

As part of the standard operation of the Sites, certain information is collected automatically or passively from or about you in connection with your visit to the Sites. Our servers may automatically gather some of the Site Usage Information (as defined below) or we (or our service providers) may use cookies and other tracking technologies to collect and track such information. 

Site Usage Information includes, but is not limited to: (1) your browser type, device type, carrier (if applicable), device address, operating system, operating system address, IP address and the domain name from which you accessed a Site; (2) information about your region, continent, country, city, zip code, time zone, and general location; and (3) information about your browsing activities on and through a Site (also known as “Click Stream” data), such as (a) the date and time you visit one of the Sites, (b) the areas or pages of a Site that you visit, (c) the amount of time you spend viewing a Site or specific areas of a Site, (d) the number of times you return to a Site or a specific area of a Site, (e) the web sites or pages you visited prior to visiting a Site, (f) the websites or pages you visit after you leave a Site; (g) searches you have performed on a Site and on other websites that led you to our Sites; (h) social plug-ins with which you have interacted on our Sites; and (j) other similar Site usage data (collectively, the “Site Usage Information”).

If you provide or connect your third-party account credentials to an account with our Site, some content and/or information in those accounts may be transmitted into your account with us. For example, when you connect with Facebook, we receive and collect your name, email address and profile photo.

We consider this Site Usage Information, on its own, to be non-personal in nature, unless required otherwise by applicable law. However, we may combine Site Usage Information about you with Personal Information about you, and we would consider the combined information to be “personally identifiable” or Personal Information for the purposes of this Privacy Policy.

COOKIES AND OTHER TRACKING TECHNOLOGIES

We and our service providers may use cookies, pixel tags, web beacons, Adobe Flash Technology and other similar technologies, which allow us to, among other things, optimize our Sites and to understand traffic and usage patterns. Additionally, if the settings on your location-aware device allow us to receive geo-location data or information, we may collect that information automatically.

A cookie is a small data file that is sent to your web browser and placed on your computer or device when you access a website. Cookies allow parties (including us, our service providers and others) to: (1) track your activities on the Sites, (2) track clicks, orders and conversion; (3) recognize your computer or device so that you are able to save your preference and stay logged in to the Sites without having to re-enter your Account credentials; (4) deliver customized content, messages and advertising to you; (5) preserve the contents of your shopping cart; (6) and otherwise enhance and personalize your experience on the Sites. If you do not want information collected through the use of cookies, most devices allow you to decline the use of cookies. We recommend that you leave cookies turned on because if you elect not to allow them, you may not be able to use or to enjoy all of the services and features of the Sites.

We may use Flash cookies and other similar technologies, which allow a website to store certain information locally on an individual’s computer or device and then access and use that information to enhance and facilitate certain Site experiences, processes and functionality. Flash cookies are different from other cookies and may not be removed in the same manner. More information about both kinds of cookies is available at www.allaboutcookies.org.

We also use web beacons (also known as “clear GIFs” or “pixel tags”) for similar purposes as cookies. These beacons are typically one-pixel images that are embedded in the Site or in a communication, such as an email message. These technologies help us to verify when a certain page of a Site is viewed, when a message is opened and when links or other content in a message are clicked or viewed.

We may use third party web analytics services, such as Google Analytics and Adobe services, to help us track and analyze the use of our Site and to measure the effectiveness of our advertising, Site content, and communications. 

DO NOT TRACK

We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our website.  To learn more about browser tracking signals and “Do Not Track,” please visit http://allaboutdnt.org.

THIRD PARTY ADVERTISING

Some of the window dressing appearing on our Site may be delivered to you by our Web advertising partner or partners. Information about your visit to a partner site or sites, such as number of times you have viewed an ad (but not your name, e-mail, or other Personal Information), is used to serve ads to you.

We also work with service providers and partner with advertising companies that use cookies, web beacons and other tools to collect information about your visits to and behavior on the Sites and other websites, and then use that information to deliver targeted advertisements to you across the Internet. The information collected and used in this manner is generally, on its own, anonymous and not personally identifiable.

INFORMATION USE

We may use the information we collect from and about you (including both Personal Information and Site Usage Information) for a variety of purposes, including but not limited to the following:

(1) To fulfill your requests for products and/or services and to keep you informed about your orders; (2) to provide you with targeted offers and advertising on and at the Sites; (3) subject to your communications preferences and, where required by applicable law, subject to your consent, to contact you (via postal mail, email and the like) with promotional materials about us, our products, our services and our events, as well as about select partners; (4) to contact you when necessary or appropriate; where appropriate, for market research and to review and improve our merchandise selections, customer service, online and offline operations and overall services; (5) to protect the security or integrity of the Sites and our business; (6) and otherwise, with your permission or as permitted by law.

If you provide us with information about another person (as described above in the “Information You Provide To Us” section), where permitted applicable by law, we use that information to fulfill your requests and treat such information in accordance with this Privacy Policy.

We (and our service providers) also analyze and use Site Usage Information and information collected through cookies, web beacons and other tracking technologies, alone and in combination with Personal Information, to assess the behavior of our users, to measure the interest in and use of the Sites and communications, and to customize the Sites and our communications with you. We do this both on an individual basis and in the aggregate.

PAYMENT CARD INFORMATION

To use certain aspects of our services, such as subscribing to our membership services, we may require credit or debit card account information. By submitting your credit or debit card account information through the services, you expressly consent to the sharing of your information with third party merchants, billing processors, and payment processors. These third parties may store your credit or debit card account information so you can use our services in the future. We do not have your complete credit or debit card account information, store your credit or debit card account information, or have direct control over or responsibility for your credit or debit card account information. While we require that such third party merchants, billing processors, and payment processors use reasonable procedures to help protect your credit or debit card information, we cannot guarantee that transmissions of your credit or debit card account information or Personal Information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.

INFORMATION DISCLOSURE

We may disclose information we collect (including Site Usage Information and Personal Information) in the following ways to third parties, to the extent permitted by law:

• To our service providers and suppliers, who collect or use such information for us or on our behalf (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, and other similar entities that help us to operate the Site and/or provide functionality, content and services);
• WHI companies and affiliated entities;
• Auditors and professional advisers like bankers, lawyers, accountants and insurers;
• As necessary, if we believe that there has been a violation of the Sites’ Terms of Use or any other policy of the Sites, or if we have reason to believe that our rights or property, or the rights or property of any third party, may be or have been harmed;
• To respond to subpoenas or other judicial processes, or to provide information as requested by law;
• In the event that WHI or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, where your information may be one of the transferred assets;
• To third party marketers, unless you opt-out by clicking on the Do Not Sell My Personal Information  link on our website, and as permitted by law;
• When you contribute to a social, community or other publicly available area or feature of the Sites, the information and content that you post may be made available to the general public, depending on your settings (which is why we recommend that you do not submit or post any sensitive Personal Information, such as your full name, home address, phone number or other information that would enable others to contact or locate you); and
• As otherwise, with your permission or as permitted by law.

Content and information that you submit on or through Facebook, Twitter, Instagram, Tumblr and other third-party platforms may appear on the Site through feeds from and other interfaces with those platforms. We are not responsible for the information, content and/or privacy practices of any such third-party platforms.

We may also share data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

YOUR CHOICES / YOUR PRIVACY RIGHTS / HOW TO UNSUBSCRIBE

If you would like to opt out of receiving direct mail from us, please contact us at legal@whohasit.co. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.

If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located in each such email or contact us at legal@whohasit.co. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.

If you would prefer that we not share your Personal Information with third-party marketers, please contact us at legal@whohasit.co or click the Do Not Sell My Personal Information link on our website. Please understand that if you do request that we stop sharing your Personal Information with third parties for their direct marketing purposes, such request will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from third parties that received your Personal Information prior to that request. In these cases, please opt out from or contact the third party directly.

CONSENT

By consenting to this Privacy Policy you are giving us permission to process your Personal Information specifically for the purposes identified.

You may withdraw consent at any time by contact us at legal@whohasit.co. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

MAINTENANCE AND PROCESSING OF INFORMATION IN THE U.S. AND OTHER COUNTRIES

Your personal and other information may be stored, transferred and processed in and to the United States. By providing Personal Information to us, you consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, pursuant to the laws of the United States or such other jurisdictions, which may provide lesser privacy protection than the laws of other countries, and you acknowledge that your information may thus be subject to U.S. laws and accessible to the U.S. government, courts, law enforcement and regulatory agencies.

ACCESS TO YOUR PERSONAL INFORMATION

At any point while we are in possession of or processing your Personal Information, you have the following rights:

• Right of access – you have a right to request disclosure of your Personal Information, and to receive additional details regarding the Personal Information we collect and its use purposes, including any third parties with which we share your Personal Information. You also have the right to request a copy of the information that we hold about you.
• Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records and request that we instruct our third party service providers to so the same.
• Right of portability – in response to a request for disclosure, you have the right to have the Personal Information we hold about you in a readily usable format.
• Third parties must also give consumers explicit notice and an opportunity to opt out before re-selling personal information that the third party acquired from another business.

In the event that WHI does not taken action with respect to a request to exercise any of your rights listed above, we will provide you with a reason as to why. 

SECURITY

We have implemented measures in an effort to safeguard the Personal Information in our custody and control. Such measures include, for example, limiting access to Personal Information only to employees and authorized service providers who need to know such information for the purposes described in this Privacy Policy, as well as other administrative, technical and physical safeguards. Additionally, our service providers are not authorized to use or disclose your Personal Information for any purpose other than providing the services to us or on our behalf, or as otherwise may be required by applicable law. While we endeavor to always protect our systems, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others, such as hackers.

To provide you with increased security, access to certain Personal Information stored in your Account is protected with your username and password. You are responsible for maintaining the confidentiality of your Account credentials, and we strongly recommend that you do not disclose your account username or password to anyone. We will never ask you for your password in any unsolicited communication. Please notify us immediately of any unauthorized use of your Account credentials or any other suspected breach of security.

CHILDREN’S PRIVACY

The Sites are not directed to children under the age of thirteen (13). If you are under thirteen (13), do not provide your Personal Information on or to the Site. We do not knowingly collect on the Sites any Personal Information from children under thirteen (13). Users outside of the United States who are below the age of eighteen (18) (or the age of the majority in the applicable jurisdiction) should not use the Sites without authorization from a parent or legal guardian.  If a parent or guardian becomes aware of his or her child has provided us with Personal Information without their consent, please contact us at: legal@whohasit.co. 

THIRD-PARTY WEBSITES

The Sites may contain links (which may take the form of hyperlinks, widgets, clickable logos, plug-ins, images or banners) to websites and services operated by entities other than us. This Privacy Policy does not apply to such websites or services, so we recommend that you review their posted privacy policies so that you understand the relevant information collection, use and disclosure practices.

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time and the amended policy will be posted to the Sites. We reserve the right to update, change, amend or modify this Policy at any time and from time to time without prior notice. When we post changes to this Privacy Policy, we will revise the “Last Updated” date at the top of the Privacy Policy. Your continued use of the Sites after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of such revised and then-current Privacy Policy.

RETENTION

We will process Personal Information for so long as reasonably required to provide the services.

HOW WE USE THE PERSONAL INFORMATION COLLECTED ABOUT YOU

We will process (collect, store and use) the information you provide in a manner compatible with the CCPA.  We will endeavor to keep your information accurate and up to date, and not keep it for longer than is necessary. WHI is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of Personal Information should be kept may also be governed by specific business-sector requirements and agreed practices.  Personal Information may be held in addition to these periods depending on individual business needs.

HOW TO FIND OUT PERSONAL INFORMATION HELD BY WHI 

WHI at your request can confirm what information we hold about you and how it is processed. If WHI does hold Personal Information about you, you can request the following information:

• Identity and the contact details of the person or organization that has determined how and why to process your data. 
• Contact details of our data controller, where applicable.
• The purpose of the processing as well as the legal basis for processing.
• If the processing is based on the legitimate interests of WHI or a third party, information about those interests.
• The categories of Personal Information collected, stored and processed.
• Recipient(s) or categories of recipients that the data is/will be disclosed to.
• If we intend to transfer the Personal Information to a third country or international organization, information about how we ensure this is done securely.
• How long the data will be stored.
• Details of your rights to correct, erase, restrict or object to such processing.
• Information about your right to withdraw consent at any time.
• Whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the Personal Information and the possible consequences of failing to provide such data.
• The source of Personal Information if it was not collected directly from you.
• Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

WHI accepts the following forms of identification when information on your personal data is requested: Passport or Driver’s License.

GOVERNING LAW/DISPUTE RESOLUTION/ARBITRATION

All matters relating to the Site and this Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). 

By using the Site, you agree that any dispute, claim or controversy arising out of or relating to this Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before a single neutral arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any award may be entered in any court having competent jurisdiction thereof. Without limiting the generality of the foregoing, in the event that any party seeks injunctive or equitable relief with respect to any actual or threatened breach of this Privacy Policy, such party may seek relief in a court of competent jurisdiction.  In the event of a dispute between or among the parties hereto that is not subject to arbitration, the parties submit to the sole and exclusive jurisdiction and venue of the state and federal courts of the State of California, County of Los Angeles, Central District. Notwithstanding anything else in this Privacy Policy or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action (as defined below) related to a dispute covered by this arbitration provision. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court of competent jurisdiction, in connection therewith each of the parties consent to the sole and exclusive jurisdiction of the state and federal courts of the State of California, County of Los Angeles, Central District. For purposes of this Privacy Policy, the term “Class Action” shall mean claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action.

CONTACT US

If you have any questions about this Privacy Policy, please contact us via email at legal@whohasit.co