TERMS OF SERVICE

PLEASE READ THESE TERMS CAREFULLY. YOUR USE AND INTERACTION WITH OUR WEBSITE, PORTAL AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE OR OUR SERVICE.

Use of Site and/or Service

Registration Requirements

Account Responsibility

Privacy and Release of Information

Member Conduct

Content

Site Security and Conduct

System and Network Security

Intellectual Property Rights

Notification of Claims of Infringement

Representations

Disclaimer of Warranty

Links to Other Website

Indemnity

Limitation of Liability

Consequences of Violation of Terms

Use of Site and/or Service. This Website and Portal (“Site”) and the services provided (“Service”) are maintained and operated by Fountain Creek Studios, LLC (“us,” “we,” “our,” or “Company”) with its registered office at Corporation Trust Center, 1209 Orange Street, Wilmington, DE, 19801. Fountain Creek Studios, LLC has one goal: to make fake news fun again. Thus, we offer this Site for you to view information and documents (collectively, “Materials”) and message boards (“Forums”), and make purchases of our products and services. Please note that you must be at least 18 years of age to use the Services on this Site. If you breach any of the Terms in these Terms of Service (“Terms”), your authorization to use this Site or these Services automatically terminates.

We may revise these Terms of Service at any time and you agree to be bound by the revised Terms. Any modification will become effective when it is first posted to the site. You are responsible to return to the Terms of Service from time to time to review the most current terms and conditions. We may notify you by either posting a new version of this Term of Service, notifying visitors on the website that a new version has been posted.

Registration Requirements. In order to view messages on the Fountain Creek Studios, LLC message boards or Forums without user restrictions, registration is not required or necessary. In order to post messages on Forums or boards, view boards with level restrictions, and use other advanced services, you must register with Fountain Creek Studios, LLC using a valid email address.

Visitors thirteen years of age or older who agree to the Terms of Service may register and post content to the site. You agree that the information you supply will be accurate and that you will not supply the email address of, or register under the name of, another person. We reserve the right to reject any username we deem offensive or inappropriate. Users may not register as a business name.

Access to some content or archives may require a subscription that is different than the registration for the Forums. To subscribe please click HERE.

Account Responsibility. Users are solely responsible for protecting their accounts from access by others. You are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site.

While it is acceptable for users to maintain multiple accounts, Fountain Creek Studios, LLC can and does track multiple shared accounts from a single or multiple computers as one account in terms of TOS violations. If the TOS is violated severely enough to warrant the banning of one account, all known accounts shared between a single or multiple users who use the same computer may also be banned for the actions of the violating account at the administrators’ discretion.

Because of this rule, it is highly recommended that board users do not share their accounts with others, nor share their computers used to access the site with others, as the actions of some other person could easily directly impact all known shared message board accounts.

Should a user be temporary blocked from the site based on violations of the Terms, we ask that they comply with the banned period. Permanent bans will result in users “hacking” their way onto the site using Proxy IP addresses.

Privacy and Release of Information. Under normal circumstances, Fountain Creek Studios, LLC will never release your provided information to any third party without your consent. However, in cases of Terms violations or illegal activities, we reserve the right to forward any and all known information about you and your accounts to your ISP (including libraries, schools, and places of employment), email service provider, your ISP account owner (if someone else is actually paying for it), and any parties whose copyright has clearly been infringed by your actions on the boards, or requests from law enforcement authorities.

All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy. Please see below our full Privacy Policy.

Member Conduct. You agree that you will not use these sites to perform the following actions:

Offensive Posting
Posts of a patently offensive nature are not allowed. This includes, but is not limited to:

Using vulgar, profane, or sexually explicit language
Using race, religion, sexual orientation, culture, ethnicity, handicap, nationality, or gender as a means of insult
Using sexual preference terms as a term of insult in any way, shape, or form
Using threatening, harassing, defamatory, hate-speech, or libelous language
Posting or requesting links to or material from pornographic, obscene, or hate-speech websites
Posting links to websites with potentially offensive content without a clear warning
Descriptions or details about any sexual act or sexual organs

Posting content from other websites
Any content you post on a Fountain Creek Studios, LLC site must be your original work. If it is owned by another, you must have authorization from the copyright owner. If you post content from another source, please include a link back to the original content. Please refrain from posting private messages without a user’s permission. Private messages from administration posted to threads will be removed.

Flaming (Insulting Other Users)
Posts clearly insulting, calling out, provoking or harassing other board members, individually or as a group, directly or indirectly, are not allowed. This includes, but is not limited to: Name-calling (“You’re an idiot”, “You moron”) Direct insults (“Screw you”) Offensive orders (“Go kill yourself”) Insinuations (“Are you stupid or something?”) or insults towards family (“Your mom…”)

Trolling (Inciting Flames)
Posts intended solely to annoy and/or offend other posters by going against the clear nature of a board or topic are not allowed. This includes, but is not limited to:

Provoking other users to respond with flames
Constant bickering/arguing
Making misleading topic titles
Asking obviously useless questions
Posting false information as fact

Illegal Activities
Posts that violate or incite others to violate the law are not allowed. This includes, but is not limited to, asking for or providing, in any way, shape, or form:

Illegal copies of copyrighted software (ROMs, Warez)
Methods of circumventing copyright protection (Cracks, No-CD Patches, CD Keys, mod chips)
Illegal copies of copyrighted music (MP3s), movies, videos, or any other type of media
Reprints of material from other websites (pay or free)
Methods of cheating in online games

Advertising
Posts that clearly advertise a service or product are not allowed. This includes, but is not limited to:

Unsolicited commercial or personal website advertisements
For-Sale/For-Trade/For-Auction/Wanted notices
“Make Money Fast” scams, chain letters, and pyramid schemes
Advertising for another message board

Users are allowed to include a website address in a signature, request comments on their personal site in a social setting, or provide interesting or relevant links to another site.

Disruptive Posting
Posts that disrupt the message boards for other users, intentional or not, are prohibited. This includes, but is not limited, to:

Message posts or topic titles that force browsers to scroll horizontally
Large blank or content-free posts
“Bumping” multiple older topics (posting in them well after the last post)
Posting multiple identical or near-identical messages or topics
Intentionally hard-to-read topic titles (i.e. ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation, 1337 speak, et cetera)
Posting multiple hard-to-read or nonsensical messages in a single or multiple topics
Posting large ASCII art (except in social topics specifically calling for it)
Post counting (i.e. “First”, “100th Post”)
Flooding, Invading, and Board Wars
Users may be immediately banned (along with any associated accounts) for:
Flooding a board with multiple disruptive topics or posts
Invading another board (flooding a board as a group with multiple topics or posts)
Instigating, participating in, or retaliating in an invasion of a message board or any other online service
Announcing or inciting a “war” or any conflict with the regular members of another board

Impersonation
Users may be immediately banned (along with any associated accounts) for impersonating other boards users by creating and/or using a message board account with a name clearly intended to impersonate, mock, or antagonize another user, or otherwise falsely claiming to be another message board member.

Harassment/Stalking/Privacy
Continual harassing behavior directed towards a certain individual or group with the intent of creating an intimidating, offensive, or hostile environment on the boards, with or without use of explicit or implicit threats is strictly prohibited. Posting private information without permission is also prohibited. Posts inquiring about temporarily suspended or banned users (for example: “free this user” or “why did this user get banned”) will be removed and poster issued a warning. Continued posts of this nature will result in suspension.

Unauthorized Access
Accessing or attempting to access any Fountain Creek Studios, LLC user account not belonging to the user in question without permission is prohibited. Accessing another user’s account in this manner is grounds for immediate loss of all known accounts.

Bugs and Exploits
Using exploits or tricks in the Fountain Creek Studios, LLC code to gain privileges, access, or abilities not clearly intended by the board design is prohibited. Making exploits public or using them for personal benefit is grounds for immediate loss of all known accounts.

Usernames, Profiles, and Forms
Violating any of the above rules with a username, any part of the user profile (signature, quote, email, IM), or via feedback forms (such as the Mark for Moderation function) is considered a severe violation.

Other
Any other activity that is clearly detrimental to the flow of conversation and normal activities of the boards and its users may also be deleted.

Content.

Ownership

Our sites may include a combination of content that we create, that our partners create, and that our users create. All materials published by Fountain Creek Studios, LLC on our sites, including, but not limited to written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights and trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please send an email to info@wh1stl3.com.

The sites are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising these sites are also copyrighted works.

By posting content to the site or providing content to Fountain Creek Studios, LLC, you automatically grant the right to Fountain Creek Studios, LLC to use, copy, modify, adapt or publish the content that you post, including for purposes of advertising and publicity on the sites and elsewhere Fountain Creek Studios, LLC is under no obligation to pay you for your posting. By your posting, you receive consideration in terms of the publication of your post and the goodwill surrounding your content.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our Sites, (ii) distributing Your Content either electronically or via other media, to users seeking to download or otherwise acquiring it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed, including print publication.

Accuracy

Our site contains content that we create as well as content provided by third parties. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by Users in the Forums, feedback, Comments, or Guest Book sections of our sites.

By viewing the site content, you agree that all content on the Fountain Creek Studios, LLC message boards is the responsibility of the person from which the content originated. You agree that neither Fountain Creek Studios, LLC nor its sponsors or affiliates are responsible for all content that you personally post or upload. Fountain Creek Studios, LLC does not control any content posted on the boards, and does not guarantee the truthfulness or quality of any content. You agree that while using the Fountain Creek Studios, LLC message boards, you may be exposed to content that is offensive or objectionable, and that you will in no way hold Fountain Creek Studios, LLC nor its sponsors or affiliates liable in any way, shape, or form for any harm or loss that may come to you or others as a result of viewing this content.

Offensive Content

You may be exposed to content that you find offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Fountain Creek Studios, LLC is not responsible for screening content before it is posted.

Site Security and Conduct. Any Material we upload to this Site will be accessible to all users of the Site (“Users”). We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access. Any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally—by sharing your user ID or password. Further, by way of example and not as a limitation, you agree not to:

use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
harvest or otherwise collect information about others, including e-mail addresses, without their consent;
create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
transmit through the Service any Materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;
violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
interfere with another User’s use and enjoyment of the Service.

System and Network Security. Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting the servers under your control.

Intellectual Property Rights. The Service and this Site are protected to the maximum extent permitted by copyright and trademark laws and international treaties. The Content of this Site, and related pages, is copyrighted property of Fountain Creek Studios, LLC, or other suppliers credited as the provider. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Site or the Service.

Notification of Claims of Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement at:

Designated Agent:

Aigner Law Group, LLC

c/o Seth Aigner

Address of Agent:

6312 New Albany Road

Lisle, Illinois 60532

Telephone: (630) 809-2644

Email: seth@aignerlegal.com

Please provide the following information:

Identify the material on the Site that you claim is infringing in sufficient detail so that we can find it;
Include the specific statement that you have a good faith belief that the disputed use you have identified is not authorized by the copyright owner, its agent, or the law;
Include the specific statement in which you declare, under penalty of perjury, that (a) the information you have provided is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.

We will remove the infringing content according to the procedures outlined in the Digital Millennium Copyright Act of 1998.

Please note that, pursuant to 17 U.S.C. 512(f), any misrepresentation of fact or falsities in a written notification will automatically subject the complaining party to liability for damages, costs and attorneys’ fees incurred by us in connection with the written notification and your allegation of copyright infringement.

Representations. You represent and warrant that you will not hold us responsible for the quality, safety, or accuracy of the Materials on the Site. We provide no warranty or guarantee regarding the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any purposes. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. If you are aware of any relevant errors, inaccuracies, or discrepancies, including pricing discrepancies please alert us at info@wh1stl3.com.

Disclaimer of Warranty. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES: (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. YOU USE ANY INFORMATION OR MATERIALS ON THIS WEBSITE ENTIRELY AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES, OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.

Links to Other Websites. The Site may contain links and pointers to other websites that are maintained by third parties. Such links do not mean that we endorse these third-party sites or any materials they contain. Of course we do not control, and thus are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

Indemnity. You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.

Governing Law. You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of Delaware, U.S.A. without reference to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware for any disputes arising out the use of this site.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter that it describes. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the information it covers.

If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement. Any remaining provisions of the Agreement will continue to be enforced with full effect.

Limitation of Liability. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OUR SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitations may not apply to you.

Consequences of Violation of Terms. We may, without notice to you, suspend your Service or remove any Materials transmitted via the Site if we discover facts that lead us to reasonably believe the Site service is being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We may attempt to contact you prior to your suspension; however, prior notification is not assured.

PRIVACY POLICY

Fountain Creek Studios, LLC (also referred to as “we,” “our,” “us”) has one goal: to make fake news fun again.

We takes your privacy seriously and offers the following details to describe how we collect, use, and protect the personal data you agree to share with us. Fountain Creek Studios, LLC is located in Corporation Trust Center, 1209 Orange Street, Wilmington, DE, 19801.

1. General Privacy Notice

1. What Information Do We Collect?

We collect your personal data whenever you interact with us and when you use the App. Generally, we will collect and process the following information:

Account registration information: When you create an account with us, you provide us with your full name, email and your telephone number. You may also voluntarily provide us with additional personal data that will enhance your user experience. This may include a profile picture, your month of birth, and precise geolocation.
Customer feedback and support: We will process the information that you give us whenever you contact us. We may make a copy of any correspondence with you for our training and quality purposes.
Marketing opt ins and opt outs: We will process information about you when you have agreed to receive marketing and promotional material from us.
Device information: We collect your device ID; IP address; device type; operating system and version; general geographic location (from your IP address); browser type; screen resolution; device manufacturer and model; language; interaction with QR codes; and use of loyalty cards. You may control some of this information through your device settings.

We also automatically collect certain information when you access, use, or interact with our App. We generally collect the following information when you use the App:

Device information: We collect your device ID; IP address; device type; operating system and version; general geographic location (from your IP address); browser type; screen resolution; device manufacturer and model; language; and redemption of loyalty rewards. You may control some of this information through your device settings.
Usage information: We collect information about your interaction with the App including the number, type and frequency of products that you order, the sections you have visited within the App, the time and date you have visited the App, the redemption of loyalty rewards made available through the App, the content you view, the features you access, and the time spent browsing the App.

2. What Do We Do With the Information We Collect?

We will ask you for personal data in certain fields on this App that we need for you to use the services. The personal data we collect is used only for the purpose we state at the time of collection or for purposes listed below. For example, our uses may include, but are not limited to, the following:

To process transactions and payments including subscriptions
To manage internal business practices
To provide support or other services
To provide information based on your needs and respond to your requests
To administer products and services
To select content, improve quality, and facilitate the use of our Site
To assess usage of products and services and feedback on those products and services
To update you on relevant services, offers, and opportunities
To engage with third parties
To protect our content and services from illegal or harmful activities
To get feedback and input from you
To protect our information assets as well as your personal data
To assist in business sales or mergers
To comply with Laws

To the extent that we collect certain demographic information about you, we may use this information in our market research, but we will do so only after we “anonymize” the data, i.e., remove information that would confirm your identity. We will not use your personal data, however, to send commercial or marketing messages to you unless we have your continued consent for which you will have the ability to opt out by sending an email to info@wh1stl3.com.

3. Who Can Use the Information We Collect and How?

We may provide your personal data to third parties, or third parties may collect personal data from you on our behalf if we have contracted with that third party to provide some part of the information or service that you have requested. Other than those who act on our behalf, and except as explained in this Policy, personal data you provide at this Site will not be transferred to unrelated third parties, unless we have a legal basis to do so. However, please note that the personal data you transmit to this Site may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders.

4. What Are Your Rights Regarding Your Personal Data?

We respect your right to access and control your personal data, and you have choices about the data we collect from you. If we request personal data from you that is not necessary for the purposes of providing you with our products and services, then you may decline to provide that personal data. However, if you choose not to provide personal data that is necessary to provide a particular service, you may not have access to certain features of that service.

Depending on where you live, you may have certain rights that you can exercise with regard to the collection, use, and transfer of your personal data. For more details, please see the relevant section of the privacy policy.

Regardless of where you live, you can always opt-out of marketing communications, correct or update your information, and implement technical measures to opt-out of targeted or behavioral advertising as outlines below:

A. Opt-Out of Email Marketing Preferences.

The e-mail communications we send you will generally provide an unsubscribe link, allowing you to opt-out of receiving future email or to change your contact preferences. E-mail communications may also include a link to directly update and manage your marketing preferences, if you have an online account with us. You can also change your contact preferences through your account on the Site or through the App. You can also request an opt-out by emailing info@wh1stl3.com Please remember that even if you opt out of receiving marketing emails, we may still send you important information related to your account and any orders that you have placed.

B. Opt-Out of Targeted Advertising.

You may opt-out of third party targeted advertising or data analytics in two ways: (i) by directly notifying a Network Advertising service provider via its opt-out tools (see above), or (ii) by using your browser’s Do Not Track (DNT) settings to indicate that you do not wish to receive targeted advertising based on your overall internet usage. For more information about DNT and how it works, please visit the Future of Privacy Forum’s website: http://www.allaboutdnt.com/.

We will make every reasonable effort to honor your DNT browser settings for opting out of receiving targeted third-party advertising based on your overall Internet usage. Please note that various browsers frequently update their technology and / or change their settings and business practices without advance notice, thus we may not have the latest information on how to honor your preferences. If you exercise either opt-out option—the cookie opt-out or the browser opt-out—you will continue to receive advertising, but such advertising may not relate to your specific interests, previous purchases, or search history.

Keep in mind, however, that you cannot opt-out of our contextual data analytics and advertising, which is based on your usage of only our Services. We will continue to serve you contextual advertising. We will also continue to monitor your usage and search or transaction history to provide us with analytics on how well our Services, features, and activities are functioning and used. We will also share this information within our company in an aggregated or anonymized form (meaning that no one individual person can be identified).

C. How Do You Correct and Update Your Personal Data?

Our goal is to keep all personal data that we hold accurate, complete, and up-to-date. Please let us know if you change your contact details. If you believe that any of your information is incorrect, incomplete, or out-of-date, you can update your personal details through your account on the Site, in the App, or by contacting info@wh1stl3.com.

5. How Do We Protect the Personal Data We Collect?

We are committed to protecting the security of your personal data. Depending on the circumstances, we may hold your information in hard copy and / or electronic form. In either situation, we use technologies and procedures to protect your personal data. We review our strategies and methods update them as necessary to meet our business needs, changes in technology, and regulatory requirements. We take our security obligations seriously and so should you. While we are responsible for maintaining the security of this App, you must also access and use this App in a manner that is responsible and secure. In addition, we have implemented a series of policies, procedures, and training to address data protection, confidentiality, and security, and we update and review the appropriateness of these measures on a regular basis.

6. How Long Do We Retain the Data?

We retain personal data for as long as necessary to provide our Services and fulfill the transactions you have requested, or for other business purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. We are required by law to keep some types of information for certain periods of time (e.g., statute of limitations). If your personal data is no longer necessary for the legal or business purposes for which it is processed, then we will generally destroy or anonymize that information.

7. What is Our Policy if You Are an Underage Child?

We understand the importance of protecting the privacy of all individuals, especially the very young. Our services are intended for United States audiences over the age of 18. Our Site and its Services are not directed to children, and you may not use our Services if you are under the age of 13. You must also be old enough to consent to the processing of your personal data in the country or state where you live (in some countries, parents or guardians may consent on your behalf). Subscribing to our Services is restricted to adults who are either 18 years of age or older or as otherwise legally defined by the country or state where you live.

8. What Happens When You Link to a Third-Party Web Site?

If you click on a link and go to another site, you will be subject to that website’s privacy policy. We encourage you to read the posted privacy policy statement at any website before submitting any personal data.

9. What Happens When We Update Our Privacy Policy?

We may update our Privacy Policy from time to time to keep current with evolving legal requirements. Your acceptance of any minor changes to this Privacy Policy is indicated by your continued use of our Services. If we make any material changes to our Privacy Policy, we will post a notice about the change at a prominent location on our Site. We encourage you to periodically review our Site and this Privacy Policy for any changes.

10. What If You Have Questions?

If you have questions or concerns regarding anything in this Privacy Policy, please feel free to send us an email at info@wh1stl3.com.

2. Your California Privacy Rights

We have adopted the following disclosures to comply with the California Consumer Privacy Act of 2018, as amended, its implementing regulations (“CCPA”) and other California privacy laws. Any terms defined in the CCPA, other California privacy laws, or in our Privacy Policy have the same meaning when used in this Notice.

This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”) as a supplement to other privacy policies or notices that we may issue. In the event of a conflict between any of our other policies, statements, or notices and this Notice, this Notice will prevail with regard to California Consumers and their rights under the CCPA.

Consistent with the CCPA, job applicants, current and former employees and contractors, and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered Consumers for purposes of this Notice or the rights described herein.

1. Information We Collect and How We Use It

We collect personal data that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal data”).

The following is a description of our data collection practices, including the personal data we collect, the source of that information, the purposes for which we collect information, and whether we disclose that information to external parties. We may use any and all of the information for any purposes described in this Privacy Notice.

PERSONAL IDENTIFIERS

We collect your name, and email address when you create an account or contact us via our App or Site. We use this information to provide our Services, respond to your requests, and send information and advertisements to you.
We collect a unique numerical identifier, assigned to you by a first-party cookie, automatically when you use our Services in order to identify you, provide our services, prevent fraud, and provide you with targeted information and offers.
We collect your IP address automatically when you use our Services. We use this information to identify you, gauge online activity on our mobile application, measure the effectiveness of online services, applications, and tools, and serve targeted advertisements based on your online activities.
We collect your Device ID automatically when you use our Services. We use this information to monitor your use and the effectiveness of our Services, to identify you, and to provide you with targeted information and offers.

Personal DATA protected against security breaches (Cal. Civ. Code § 1798.80(e))

We collect your name and phone number when you create an account or contact us via our App or Site. We use this information to provide our Services, respond to your requests, and send information and advertisements to you.
A service provider working on our behalf collects your payment information when you provide it to us, or to a service provider working on our behalf, when you complete a transaction. This information includes your credit card number or bank account number. This information is processed and stored securely. We use this information to facilitate payments and transactions.

PROTECTED CLASSIFIED INFORMATION

We collect information about your age and birth month when you create an account with us. We use this information to confirm your eligibility for our Services and to provide you rewards on your birthday.

COMMERCIAL INFORMATION

When you engage in transactions with us, we create records of the transaction, as well as feedback and histories or tendencies. We use this information to measure the effectiveness of our app services and to provide you with targeted information and offers.
We collect information regarding your services
We collect information about your subscriptions through interactive surveys. We use this information as part of our own metrics and to provide you with targeted information, advertisements, and offers.

INTERNET OR OTHER SIMILAR NETWORK ACTIVITY

We collect information about your browsing history, search history, and information regarding your interaction with our Sites, applications, or advertisements automatically when you utilize our Services. We use this information to design, develop, market, sell, and/or improve products, Services, and initiatives to better understand and enhance our relationship by associating you with different devices and browsers that you may use.

GEOLOCATION

As described above, we collect your IP address automatically when you use your App or Site. We can determine your general location based on the IP address. We do collect your precise geolocation where you allow us to do so.

AUDIO/VIDEO DATA

If you contact us via phone, we may record the call. We will notify you if a call is being recorded at the beginning of the call.
We may use photographs shared with us for relationship building purposes.

PROFESSIONAL OR EMPLOYMENT RELATED INFORMATION

We collect business information, including your name, company, and job title, and business contact details from you when send us a request through our Site. We use this information to reach out to you.

EDUCATION INFORMATION

We do not collect any information about the institutions you have attended. We may ask you for information regarding the level of education you have attained as part of marketing surveys or the level of education you have attained.

BIOMETRICS

We do not collect biometric identifiers, which are defined as retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.

INFERENCES DRAWN FROM OTHER PERSONAL DATA

We analyze or your actual or likely preferences through a series of computer processes uses data that you have provided or that we have collected from our business partners and add our observations to your internal profile. We use this information to gauge and develop our marketing activities, measure the appeal and effectiveness of our services, applications, and tools, and to provide you with targeted information, advertisements, and offers.

When we disclose personal data for a business purpose, we enter into an agreement that describes the purpose of the agreement and requires the recipient of the personal data both to keep it confidential and to not use it for any purpose except to perform the contract. The CCPA prohibits third parties who purchase the personal data we hold for you from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

Either we or our Service Providers also may use your information for the following Business Purposes (as defined in the CCPA) on a day-to-day basis:

Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
Debugging to identify and repair errors that impair existing intended functionality.
Short-term, transient use, provided that the personal data is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
Undertaking internal research for technological development and demonstration.
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

2. Do We “Sell” Your Personal Data?

We do not sell your name, address, phone number, or email address. However, on certain occasions, we also sell information to third parties. An external party may be considered a third party either because the purpose of sharing the personal data is not an enumerated business purpose under California law, or because our contract does not restrict them from using personal data for other purposes. To “sell” personal data means to disclose it to an external party for monetary or some other type of benefit doesn’t always mean that money is exchanged to be considered a “sale.” We may “sell” the following information:

Personal Identifiers: We provide your IP address and device ID to our online advertising partners.
Internet or Other Electronic Network Activity Information: We provide information about your Internet or other electronic network activity information to our online advertising partners.
Inferences about You: Inferences drawn to create a profile about you and your consumer preferences or characteristics. We provide these observations to our advertising partners.

3. How to Exercise Your Rights Under the CCPA

Under the CCPA you have the right to find out about the personal data that we have collected and how that information has been used or disclosed. You also have the right to request that we delete your personal data. If you wish to exercise any of the rights listed below, or if you would like additional information, please contact us at info@wh1stl3.com.

D. The Right to Access and Know About Personal Data Collected, Disclosed, or Sold

You have the right to request that we disclose to you certain information about our collection and use of your personal data over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal data we collected about you.
The categories of sources for the personal data we collected about you.
Our business or commercial purpose for collecting or selling that personal data.
The categories of third parties with whom we share that personal data.
The specific pieces of personal data we collected about you (also called a data portability request).
If we disclosed your personal data for a business purpose, identifying the personal data categories that each category of recipient obtained.

For data portability requests, we will select a format to provide your personal data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

E. The Right to Request Deletion of Your Personal Data

Subject to certain exceptions, you have the right to request that we delete any or all of the personal data that we collected from you and retained over the past 12 months. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal data from our records, unless an exception applies. You may request that only a portion of your personal data be deleted.

We may deny all or part of your deletion request if retaining your personal data is necessary for us or our Service Providers to:

Complete the transaction for which we collected the personal data, provide a service that you requested, take actions reasonably anticipated based on our ongoing business relationship with you, or otherwise perform our agreement with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Debug products to identify and repair errors that impair existing intended functionality;
Exercise free speech or ensure the right of another consumer to exercise their right of free speech or other right provided for by law;
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
Comply with law or a legal obligation; or
Otherwise use your personal data internally, in a lawful manner that is compatible with the context in which you provide the information.

F. The Right to Opt-Out of the Sale of Your Personal Data

The CCPA provides you with the right to opt out and stop businesses from selling your personal data. This right applies to all California consumers ages 16 or older and may be exercised at any time.

If you are 16 years of age or older, you have the right to direct us to not sell your personal data at any time (the “right to opt-out”). Our Sites and products are not intended for minors. We do not sell the personal data of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to the sale of their personal data may opt-out of future sales at any time.

How to exercise this right:

By sending an email to info@wh1stl3.com, providing details of your request;

G. The Right to Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights, and will not engage in the following behaviors:

Denying you goods or services
Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
Providing you a different level or quality of goods or services
Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services

H. Exercising Your Rights

When you exercise these rights and submit a request to us, we will verify your identity by asking for information about your relationship with us, such as your name, email address on file, billing or shipping address, phone number, or order number.

We try to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding your verifiable request’s receipt. The response we provide will also explain the reasons we cannot comply with your request, if applicable.

4. Authorized Agents

You may authorize a natural person, or a business entity registered with the California Secretary of State, to act on your behalf to make a request to know about personal data collected or to delete your personal data.

To facilitate such an authorization, you must (i) verify your identity to us and provide that authorized agent written permission to make such a request or (ii) provide the authorized agent with power of attorney in your behalf pursuant to the California Probate Code sections 4000 to 4465.

The authorized agent must include those authorizations in your verifiable consumer request.

5. Notice of Financial Incentive

We will not discriminate against you in any manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of goods or services, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale, retention, and use of your personal data as permitted by the CCPA; such offers may result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in our program terms. For details of our current financial incentive program and its terms, including how to opt-in or withdraw from your opt-in, and program benefits, refer to the program terms and conditions.

We do not assign a monetary value to the personal data that we collect from you and strive only to use that information to further our business in accordance with our Privacy Policy; to the extent that we are required to assign a monetary value to your personal data, it is equal to the value of the discount or financial incentive that we have provided to you.

Please note that participating in incentive programs is entirely optional; participants affirmatively opt into the program, and can opt out of the program (i.e., terminate participation and forgo the ongoing incentives) by following the instructions in the program’s description and terms. We may add or change incentive programs and / or their terms by posting a notice on the program descriptions and terms linked to above, so check them regularly.

6. Children Under the Age of 16

We do not knowingly collect, solicit, or share personal data from children under the age of 16. If we have knowledge that a child under 16 has submitted personal data in violation of this Policy, we will delete that information as soon as possible. If you believe we may have obtained information in violation of this Policy, please email us at info@wh1stl3.com

7. Questions about the CCPA

If you have questions or concerns regarding this statement, you should first contact us via email at info@wh1stl3.com

8. Changes to this Privacy Policy

We reserve the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated Notice on the Site and update the Notice’s effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes. If we are required by applicable data protection laws to obtain your consent to any material changes before they come into effect, then we will do so in accordance with law.

9. California Shine the Light Law

If you are a California resident and have an established business relationship with us and want to receive information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). You may contact us in two ways. Send an email to info@wh1stl3.com.

Alternatively, you may contact us at:

Corporation Trust Center, 1209 Orange Street, Wilmington, DE, 19801

Attn: Your California Privacy Rights

c/o Privacy Administrator

For requests sent via email, you must put the statement “Your California Privacy Rights” in the subject field of your email. All requests sent via postal mail must be labeled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for responding to notices that are not labeled or not sent properly, or do not have complete information.

If you are a California resident under the age of 18, and a registered user of any Site where this Privacy Policy is posted, California Business and Professions Code Section 22581 permits you request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or personal data to info@wh1stl3.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.