Summary
Thank you for visiting the WHERK™ website located at www.wherk.com (the “Site”), which is owned and operated by WHERK, LLC (“WHERK™,” “we,” “our” or “us”). The following WHERK™ Website Privacy Policy (“Privacy Policy”) sets forth our policy with respect to the collection, storage and use of your personal information and other information that we collect from you. Please note, if you are a resident of a European Union Member State (“EU Resident”), you are not permitted to use the Site and/or WHERK™ Offerings (as defined below).
Background
This Privacy Policy covers our treatment of personal information and other information that we collect when an end-user visitor to the Site (“User,” “you” or “your”): (a) accesses or uses the Site; (b) accesses and/or views any of the blog posts, videos, audio, stories, testimonials, text, photographs, graphics, artwork, information and/or other content featured on the Site, as made available by WHERK™ (collectively, the “Content”); (c) accesses information pertaining to, and/or gains access to, the WHERK™ field service management platform/API, which contains field management solutions for businesses (“WHERK™ Platform”); (d) accesses the comments sections associated with the blog posts and/or other interactive features made available on the Site (“Interactive Services”); (e) utilizes the contact form and/or other functionality as a means to request being contacted by WHERK™ (collectively, “Contact Services”); and/or (f) accesses links to WHERK’s™ social media pages/accounts on third-party social media websites, such as Facebook® and LinkedIn® (collectively, “Social Media Pages,” and together with the Site, Content, WHERK™ Platform, Interactive Services and Contact Services, the “WHERK™ Offerings”).
Capitalized terms not defined herein shall have the meanings set forth in the WHERK™ Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE WHERK™ OFFERINGS.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Please be advised that WHERK™ is not in any way affiliated with Facebook or LinkedIn, nor are the WHERK™ Offerings endorsed, administered or sponsored by any of the foregoing entities.
Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please e-mail us at info (at) wherk.com; call us at: (203) 200 0588; or send us mail to: 330 Railroad Ave, Floor 2, Greenwich, CT 06830.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please e-mail us at: info (at) wherk.com; call us at: (203) 200 0588; or send us mail to: 330 Railroad Ave, Floor 2, Greenwich, CT 06830.
Personal Information Collected
We collect personal information when you access certain of the WHERK™ Offerings, including the WHERK™ Platform and Contact Services, and submit the applicable registration form (“Form”).
The information that you must supply on the Form may include, without limitation: (a) the name of the User’s business entity (“Entity”) (as well as any applicable Entity’s trade name and business entity type (e.g., corporation, limited liability company, partnership, etc.)); (b) the Entity’s street address; (c) the Entity’s primary contact’s full name; (d) the Entity’s primary contact’s e-mail address, as well as the e-mail address of every employee of the Entity that will access the WHERK™ Platform; (e) the Entity’s primary contact’s telephone number; (f) the Entity’s billing address; (g) the credit card information, bank account information for ACH payments and/or PayPal® account information, depending on the Entity’s preferred payment method (“Payment Method”); and/or (h) any other information requested on the applicable Form. In addition, Users attempting to utilize a Portal may be required to submit their ID and Password.
For purposes of this Privacy Policy, item (g) in the preceding sentence shall be referred to as “Sensitive Data.”
PayPal® is a registered trademark of PayPal, Inc. (“PayPal”). Please be advised that WHERK™ is not in any way affiliated with PayPal, and the WHERK™ Offerings are not endorsed, administered or sponsored by PayPal.
Use of Personal Information
WHERK™ will never share, sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes. By making that personal information available to WHERK™, you grant WHERK™ the right, subject to applicable law, to use that personal information to contact you regarding your request for Contact Services, your other use(s) of the Site Offerings and/or with information regarding other WHERK™ products and/or services that we think may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such e-mail message or see the “Opt-Out/Unsubscribe” section below.
Where you submit personal information, we use the personal information that you make available to personalize your experience with the Site and to facilitate the delivery of the applicable WHERK™ Offerings to you, including in connection with customer service and to otherwise respond to any inquiries made by you.
You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the WHERK™ Offerings.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include processing payments, sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the WHERK™ Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the WHERK™ Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls from WHERK™, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide consent under the TCPA in order to obtain access to the WHERK™ Offerings, and your consent simply allows WHERK™, as well as the designated Third-Party Service Providers, to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify WHERK™ of the Phone Number Change via e-mail at info (at) wherk.com, or by using one of the methods set forth in the “Contact Us” section below.
We reserve the right to release current or past personal information (including Sensitive Data): (i) in the event that we believe that the WHERK™ Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed or requested pursuant to any court order or legal proceeding; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena/court order, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if WHERK™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.
Non-Personal Information Collection and Use
IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the WHERK™ Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the WHERK™ Offerings.
Cookies
When a User visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable User’s computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the WHERK™ Offerings, including for storing User preferences and tracking Site-User trends (such as pages opened and length of stay at the Site).
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, she or he may still use the WHERK™ Offerings; provided, however, that certain WHERK™ Offerings-related functions may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.
Behavioral Tracking
WHERK™ uses Cookies, pixels and other tracking technology (collectively, “Tracking Technology”) in connection with the Site for purposes of tracking Users’ activities (such as websites visited, advertisements selected, and pages viewed) after they leave the Site. WHERK™ uses this Tracking Technology to target applicable Users with advertisements featuring WHERK™ products and/or services that may be of interest to applicable Users.
In general, Users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. In addition, Users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance.
Cross Device Tracking
WHERK™ does not track Users’ use of the Site Offerings across multiple devices, including personal computers and mobile devices.
Aggregate Data
WHERK™ reserves the right to transfer and/or sell aggregate or group data about Users of the WHERK™ Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of WHERK™ Offerings Users as a group, without disclosing personally identifiable information.
Billing Transactions
WHERK™ utilizes third-party service providers to provide payment processing services. If you choose to make an WHERK™ Platform payment via the Site, the Payment Method-related information provided will either be collected directly by such third-party service provider, or we will share that payment information with our contracted third-party service provider(s). WHERK™ requires that its third-party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party payment processing service provider(s).
Social Media Websites/Interactive Services
If you engage in any interaction with WHERK™, other end-users or any third-party on any Social Media Pages or via the Interactive Services, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages and/or Interactive Services, as applicable, can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where WHERK™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of WHERK’s™ social media accounts.
We are not responsible for the personal information that you choose to submit on any Social Media Websites or via the Interactive Services. The Social Media Websites operate independently from WHERK™, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their respective privacy notices or policies.
Third-Party Websites
This Site may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites. WHERK™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and WHERK™ has no responsibility or liability relating to them.
Security
We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter Sensitive Data and when we store and transmit such Sensitive Data, that personal information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User personal information to perform a specific job are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse, and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors, and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be secure. Any transmission of data at or through the Site, other WHERK™ Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies if we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Minors
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. WHERK™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. WHERK™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Opt-Out/Unsubscribe
To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at info (at) wherk.com.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for WHERK™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving WHERK™ Offerings-related and/or inquiry response-related messages from WHERK™, you must cease requesting and/or utilizing the WHERK™ Offerings and/or cease submitting inquiries to WHERK™, as applicable.
Individual Rights: Deleting, Modifying and Updating Your Personal Information
At your request, we will: (a) inform you of what personal information we have on file for you, in a machine-readable format; (b) amend the personal information that we have on file for you; and/or (c) completely remove personal information that you have provided to us, or that we have collected from our servers/databases. You may make such a request by e-mailing us at info (at) wherk.com. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.
Please be advised that deleting your personal information may terminate your access to certain of the WHERK™ Offerings. If you wish to continue using the full complement of WHERK™ Offerings, you may not be able to delete all of the personal information that we have on file for you.
Transfer of Personal Information Internationally
If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of personal information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information is subject to the protections described in this Privacy Policy.
Changes to this Privacy Policy
WHERK™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the way we use personal information changes, WHERK™ will notify Users by (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether we use your information in this different manner and we will only use your information in this different manner where you affirmatively consent to such use.
Contact Us
If you have any questions about this Privacy Policy or our privacy practices in general, you may email us at: info (at) wherk.com; call us at: (203) 200 0588; or send us mail to: 330 Railroad Ave, Floor 2, Greenwich, CT 06830.