Last modified: March 16, 2018
Whim Technologies LLC (“Whimmark”, “Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes:
The types of information we may collect or that you may provide when you purchase, download, install, register with, access, and/or use the Whimmark Application (the “App”). Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect in this App and, in email, text, and other electronic communications sent through or in connection with this App and our website www. Whimmark.com (the “Website”).
This policy DOES NOT apply to information that:
We collect offline or on any other Company apps or websites, including websites you may access through this App.
You provide to or is collected by any third party.
Is collected from the user on third-party websites or applications (“Third-Party Sites”) if those Third-Party Sites don’t link to this Policy.
Our websites and apps, and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Children Under the Age of 13
The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at
Whim Technologies, LLC
Attn: Copyright Agent
12219 Mossycup dr.
Houston, TX 77024
Information We Collect and How We Collect It
We collect information from and about users of our App:
Directly from you when you provide it to us.
Automatically when you use the App.
Information You Provide to Us.
When you download, register with, or use this App, we may ask you provide information:
By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”).
Or any other information the Service collects that is defined as personal or personally identifiable information under an applicable law.
That is about you but individually does not identify you, such as your specific, real time location. This information includes:
Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, subscribing to our service, posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App.
Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
Your search queries on the App.
Details regarding any content that you may post. For example, this might include the specific geographic location depicted in content you post to the App.
You may provide information to be published or displayed (“Posted”) on public areas of websites you access through the App (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, you post your content and/or information at your own risk, and we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection and Tracking.
When you download, access, and use the App, it may use technology to automatically collect:
Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
Location Information. This App collects real-time information about the location of your device. Specifically, the App tracks and collects your location using the Global Positioning System (GPS).
If you do not want us to collect this information do not download the App or delete it from your device. You may also opt-out of the information collection by emailing us at the email address provided below. Note, however, that opting out of the App’s collection of location information will cause its location-based features to be disabled.
We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking). If you wish to opt out of third-party interest-based advertising, please visit http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so. Additionally, users of mobile Devices can follow the below instructions:
For Android devices with OS 2.2 and up and Google Play Services version 4.0 and up: Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising.”
iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting.
iOS 6: Go to your Settings > Select General > Select About > Select Advertising > Enable the “Limit Ads Tracking” setting.
Information Collection and Tracking Technologies. The technologies we use for automatic information collection may include:
Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
Flash Cookies. Certain features of our services may use local stored object (or Flash cookies) to collect and store your preferences and navigation to, from and on our Service. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
Third-Party Information Collection
When you use the App, website or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
Advertisers, ad networks, and ad servers.
Your mobile device manufacturer.
Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, in the following ways:
People you share and communicate with on our Service. You may adjust your privacy settings to control who you share and communicate with publically and on this Service. In some cases, people you share and communicate with may download or re-share this content with others on and off our Services. When you communicate with another person on this Service, that person decides the audience who can see the communication.
People that see content others share about you. Other people may use our Service to share content about you with the audience they choose. If you have concerns with someone’s post, social reporting is a way for people to quickly and easily ask for help from someone they trust.
Apps, websites and third-party integrations on or using our Service. When you use third-party apps, websites or other services that use, or are integrated with, our Service, they may receive information about what you post or share. In addition, when you download or use such third-party services, they can access your public information. Information collected by these apps, websites or integrated services is subject to their own terms and policies.
New owner. If the ownership or control of all or part of our Service or their assets changes, whether by merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Whim Technologies’ assets, we may transfer your information to the new owner.
Sharing for Oceanographic Research. We may share information about users’ fish species catch data, or “user catch data” with geographic coordinates or other location-based information anonymously to Federal and State government organizations or non-profit organizations for the benefit of the Fisheries and Aquatic Conservation Program and other oceanographic research.
Sharing with Third-Party Partners and Customers. We may work with third party companies who help us provide and improve our Service or who use advertising or related products, which makes it possible to operate our company.
Vendors, service providers and other partners. We may transfer information to vendors, service providers, and other partners who globally support our business, such as providing technical infrastructure services, analyzing how our Service is used, measuring the effectiveness of ads and services, providing customer service, facilitating payments, or conducting academic research and surveys.
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our App according to your individual interests.
Speed up your searches.
Recognize you when you use the App.
We use location information we collect to inform other users of helpful information. For example, if you upload a photograph that is tied to a specific location, we may share that location and photograph with other users.
We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile.
We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Whimmark’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Whimmark about our App users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website or App, we will transmit the contents of that email and your email address to the recipients.
For any other purpose disclosed by us when you provide the information.
With your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce our rights arising from any contracts entered into between you and us, including the App EULA, and for billing and collection.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Whimmark, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.
Promotion by the Company. If you do not want us to use your CONTACT INFORMATION to promote our own or third parties’ products or services, you can opt-out by emailing us at HYPERLINK “mailto:email@example.com” firstname.lastname@example.org. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email or text message stating your request to HYPERLINK “mailto:email@example.com” firstname.lastname@example.org.
Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by emailing us at HYPERLINK “mailto:email@example.com” firstname.lastname@example.org. You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to email@example.com.
Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by emailing us at HYPERLINK “mailto:firstname.lastname@example.org” email@example.com. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to firstname.lastname@example.org.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s HYPERLINK “http://www.networkadvertising.org/managing/opt_out.asp” website.
Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into the App and visiting your account profile page.
You may also send us an email at HYPERLINK “mailto:email@example.com” firstname.lastname@example.org to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to HYPERLINK “mailto:email@example.com” firstname.lastname@example.org.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.