Privacy Policy

Last Updated: 1/12/2018

Whisperr is committed to protecting your privacy and maintaining the integrity of any identifiable information that we collect about our Users ("personal information") through ("Whisperr Site") or Whisperr applications (e.g., the Whisperr iOS app) ("Whisperr Software") (collectively, the "Whisperr Services").

We have prepared this Privacy Policy to describe to you our practices regarding the personal information that we collect from Users of the Whisperr Services. By accessing and using the Whisperr Software and/or by registering and using the Whisperr Services, you agree and consent to the collection, use and disclosure of your personal information as outlined in this Privacy Policy.

  1. What personal information do we collect?

    1. Information You Provide. We may collect personal information from you when you voluntarily provide it to us through a number of features available on the Whisperr Software. For example, when you register, use, pay to use or subscribe to any of our Whisperr Services or take part in any interactive features of the Whisperr Services (such as any contests, games, promotions, quizzes, surveys, research or other services or features), we collect a variety of personal information directly from you or when you authorize us to access certain Facebook account information. This information includes your birth date, name, age, gender, photographs, Facebook login email and profile pictures, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Whisperr Users in your network or geolocation, (optional) valid email address and phone number, and your choice of username and password when you register for a Whisperr Account via email. We retain passwords in hashed format only.

    2. We may also ask for other personal information as indicated on the relevant forms on the Whisperr Services. Where possible, on these forms we will indicate which fields are required and which fields are optional.

    3. In addition, as you use the Whisperr Services, you can from time to time enter or send to us personal information such as sending us feedback via email. Our primary purpose in collecting personal information from you is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose. Once registered, you are no longer anonymous to us and you can review and change certain personal information such as your bio and gender in the Edit Profile settings area.

    4. Information From Content You Post. When you post photos or other content to the Whisperr Services, we collect information such as the time and date the content was taken or uploaded. We reserve the right to collect data on how you use them, who views them or with whom you share.

    5. Information Automatically Collected. When you access the Whisperr Services, we automatically record information from your computer and/or mobile device and its software, such as your IP address, browser type, Internet service provider, platform type, the site from which you came and the site to which you are going when you leave, date and time stamp and one or more Cookies (as defined below) that may uniquely identify your browser or your Whisperr Account. Your mobile device's unique device ID is unique to the mobile device on which you install the Whisperr Services ("Device ID" and "Mobile Device", respectively). For example, if you installed the Whisperr app on an Apple Device, we store your identifierForVendor. We create a hashed version of your Device ID and use your hashed Device ID to log you into the Whisperr Services. We store your Device ID and/or your hashed Device ID with other information we collect about you, including your Whisperr Account and profile information and your Message information. We will also collect certain software and hardware information about your Mobile Device. When applicable, we will also receive or collect identification numbers associated with your Mobile Device (such as an Open UDID), mobile carrier, device name, advertising identifier, device type, firmware version and manufacturer and other diagnostic Mobile Device information.

    6. Log Files. To make the Whisperr Services more useful to you, our servers or analytic partners, when applicable, collect log files that contain personal information listed in Section 1(e) for diagnostic purposes. We reserve the right to also use Cookies (as described below) and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. "Cookies" are tiny computer files that a website sends to your computer or Mobile Device while you are viewing a website. We may use Cookies to provide you with a more personal and interactive experience on the Whisperr Services. If you choose to disable Cookies, some areas or features of the Whisperr Services may not work properly.

    7. Messages. When you send a message (which may include text, photos, audio or video) to other Users of the Whisperr Services, we will retain the messages ("Messages") as required by the operation of the Whisperr Services.

    8. Surveys. When you participate in one of our surveys (which may be provided by a third party service provider), we may collect additional personal information that you provide through the survey. The third party survey provider's privacy policy applies to its collection, use and disclosure of your personal information.

    9. Your Communications With Us And Other Users. We collect communications you send to us (such as emails), comments that you post on the pages that we have on a third-party service such as our Instagram, Pinterest, Twitter and Facebook channels, and messages or communications you send to us directly through those services. We may also collect any comments, photos, messages or other content or communications you and other Users share on the Whisperr Services. If you provide us feedback or contact us via email (e.g., for support), we will collect your name and email address, as well as any other content included in the email in order to send you a reply. If you contact us for support, we may also collect and retain certain technical diagnostic data (e.g., your Mobile Device model).

    10. Third-Party Social Networking Sites. When you have enabled the use of the Whisperr Services through a third-party social networking site or similar site or mobile site or other application (a "Social Networking Site"), such as Facebook, Google+ or Twitter, you permit Whisperr to access certain personal information about you that is made available to Whisperr through or from that Social Networking Site. The personal information obtained by Whisperr varies by Social Networking Site and may be affected by the privacy settings that you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age or birthday, language, location, country, interests, contacts list, friends lists or followers and other information. By accessing or using the Whisperr Services through a Social Networking Site, you are authorizing Whisperr to collect, use, store, and disclose, in accordance with this Privacy Policy, any and all of your information that Whisperr has obtained from the Social Networking Site, including to create a profile and Whisperr Account for you. Depending on the Social Networking Site and your privacy settings, Whisperr may also post information to your Social Networking Site. Whisperr is able to access this information when you click or otherwise agree to "accept" or "allow" or "go to" (or other similar terms) the Whisperr Services on a Social Networking Site or otherwise permit the transfer of information to Whisperr from such site. If there is information about your "friends" or people you are associated with in your Social Networking Site account, the information that we obtain about those persons may also depend on the privacy settings that such people have with the applicable Social Networking Site. You acknowledge and agree that Whisperr is not responsible for, and has no control over, your Social Networking Site account or any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about Whisperr that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Whisperr Services. You may also unlink your Social Networking Site account from the Whisperr Services by adjusting your settings on the Social Networking Site.

    11. Information Provided By Others. We may be provided with information relating to you or your conduct on the Whisperr Services by other Users of the Whisperr Services. We also collect information that third-party organizations may provide to us, such as demographic information or fraud prevention information.

  2. How do we use the personal information that we collect?

    We use your personal information for the purposes described in this Privacy Policy or otherwise disclosed to you in connection with the Whisperr Services. These purposes include:

    1. Providing the Requested Whisperr Services: We use your personal information to administer and maintain your Whisperr Account and generally provide the functions and features that are part of the Whisperr Services (including providing communications as described below).

    2. Analyzing and Develop Our Products and Services: We use your personal information to develop, deliver, measure, monitor, analyze and improve the Whisperr Services and develop new products and services.

    3. Communicate With You: We use your personal information to respond to your comments and questions and provide customer service, to provide any messaging or communications associated with the functions and features of the Whisperr Services (including by email), to keep you posted on our latest product or service announcements or updates, software updates, security alerts and any technical notices and to provide you with support and administrative messages. If you do not wish to receive email from Whisperr you may opt-out by following the instructions included in each communication or by contacting Whisperr support.

    4. Protect the Whisperr Services and Whisperr's Property: We use your personal information to detect and prevent abusive, fraudulent, malicious or potentially illegal activities, and to protect the rights, safety or property of Whisperr and our Users.

    5. Additional Uses: We may use your personal information to perform other functions as may otherwise be described to you at the time of collection or as enabled by you in relation to the Whisperr Services.

  3. How do we disclose your personal information?

    The Whisperr Services allow you to share personal information about yourself with other individuals and other companies, including other Users and potential Users of the Whisperr Services and third-party Social Networking Sites. Please consider your own privacy and personal safety when sharing your information with anyone, including information you share through your profile. Profiles may include certain personal information that was provided at registration, information provided through a Social Networking Site, and other information added by you (e.g., your bio), as well as information about your use of the Whisperr Services (e.g., whether you were recently logged in to the Whisperr Services).

    Please be advised that information on your profile, including any personal information, is viewable by other Users. We do not control who reads the information that you share or what others may do with this information, so we encourage you to use discretion and caution with respect to your personal information. Also, if you wish to share information about other Users, please consider their safety and privacy and get their consent before sharing.

    Except as described below, we do not sell, transfer or otherwise disclose to third parties the personal information we collect through the Whisperr Services. At times we may share personal information with third parties as follows:

    1. with third party vendors, consultants, business partners and other service providers ("Third Party Providers") that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving advertisements, providing fraud detection services or providing analytics services;

    2. with Third Party Providers that offer a service to you jointly with us, for example, if we run a contest or promotion.

    3. with third party Academic Institutions for the purpose of scientific research. The data used for this purpose will include only your voice and no other personally identifiable information.

    Any Third Party Providers that have access to personal information are chosen carefully by us and are required to have privacy and security standards that meet our requirements. We use contracts and other measures with our Third Party Providers to maintain the confidentiality and security of Users' personal information and to prevent personal information from being used for any other purpose, including for any advertising or other commercial purposes. However, you should know that Third Party Providers performing services on our behalf may store, transfer and process personal information on servers located outside of Canada, in jurisdictions (including the United States) whose data protection laws differ from those of Canada. As a result, personal information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. For example, information may be shared in response to valid demands or requests from government authorities, courts and law enforcement officials in those countries. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require our Third Party Providers to maintain protections on personal information that are equivalent to those that apply in Canada.

    We also reserve the right to transfer any personal information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party, in connection with any company transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.

    We may disclose your personal information for any other purpose to which you consent. We reserve the right to share aggregated information (not linked to your personal information) with others that is not personal information or that is in an aggregated or anonymous form that does not reasonably identify you directly as an individual.

    Note that the term "third party" does not include companies in the same group of companies as Whisperr, which includes our subsidiaries (that is, any organization we own or control) or our ultimate holding company (that is, any organization that owns or controls us) and any subsidiaries that our holding company owns. Unless otherwise indicated, these companies will use your personal information as described under this Privacy Policy.

  4. Our retention of your personal information

    We retain personal information for only as long as required to fulfill the identified purposes for which it was collected, and for a reasonable time thereafter, or as required by law. Whisperr has retention standards which meet these requirements. Whisperr destroys your personal information following the end of our retention period, when it is no longer needed, or when we remove your name from the information. We assume no obligation or guarantee to archive any information and do not warrant that any archived information will later be made available to you. You may deactivate your Whisperr. After your Whisperr Account has been deactivated and you have logged out of the Whisperr Services, your profile will no longer be visible to other Users. If you do not reactivate your Whisperr Account within sixty (60) days, your Whisperr Account will be permanently terminated and closed but some information may remain in Whisperr's backup copies and logs for up to one (1) year.

    For greater clarity, Messages, photos, videos, text, comments and certain other information sent to Users may remain on the Whisperr Services after you deactivate your Whisperr Account.

  5. Legal requests; emergencies; jurisdictions

    We cooperate with bona fide law enforcement inquiries and demands for information as required by law. We are also cognizant of the need to address emergencies. Therefore, we may disclose your personal information (a) to any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations); (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding; (c) as otherwise required under any applicable law, rule, or regulation; (d) in good faith, to protect or defend our rights or property or those of other Users or investigate and defend ourselves against any third party claims or allegations; (e) enforce our Terms of Use, including the investigation of potential violations thereof; or (f) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

    In some cases, personal information that we collect may be stored or processed by us outside of Canada in jurisdictions whose data protection laws may differ from Canada. In such cases, we will continue to protect the information with appropriate safeguards through contract and otherwise use reasonable efforts to ensure that appropriate protections are in place, but you acknowledge that your personal information may be subject to the governments, courts, law enforcement officials, national security authorities and laws of those countries.

  6. Security

    Whisperr takes your privacy concerns seriously and strives to protect your personal information against unauthorized access, disclosure, inappropriate alteration and misuse. For security we use the Secure Sockets Layer (SSL/TLS) protocol for any transactions that send personal information. This encryption process protects your information, by scrambling it before it is sent to us from your Mobile Device or computer. We also make reasonable effort to ensure the security of your personal information on our system using available protection technology.

    Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we make no representations or warranties as to the security of any information that you submit to us electronically in connection with the Whisperr Services, which you do at your own risk.

  7. Advertising and Third Party Advertising Networks

    We may use or share certain information with online advertising networks or similar third party vendors that display ads through the Whisperr Services, or to our Users. Typically, the information we share is provided through Cookies or similar technologies and is used to recognize the device or browser you are using. We or the online advertising networks use this information to make the advertisements you see online more relevant to your interests.

  8. Access to your information and account management

    You may access and change your Whisperr Account information at any time by visiting the "Edit Profile" and "Settings" sections of your Whisperr Account or the Social Networking Sites that you have connected to the Whisperr Services. You may also contact us for assistance using the details below if you want to access or change your Whisperr Account information or close your Whisperr Account.

  9. Age restrictions

    We do not intentionally collect or maintain personal information from people under eighteen (18) years of age. If you become aware that personal information about a person under eighteen (18) years of age has been provided to us, please immediately click on the Report button located in the drop down menu on a User's profile or contact us using the details below.

  10. Links to third party websites

    Use of the Whisperr Services may allow you to access links to websites or apps of our partner networks, advertisers, partner merchants, retailers or affiliates and/or to other sites that are independently owned and operated by third parties. They may have their own privacy policies and are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of any site(s) owned and operated by any such subsidiaries, affiliates or third parties and accept no responsibility or liability for their policies. Please always check the privacy policies that apply to a third party site before you provide any information to any third party site.

  11. Updates to this Privacy Policy

    This Privacy Policy is Whisperr's privacy commitment to you with respect to the Whisperr Services. If you have questions about this Privacy Policy, please contact our Privacy Officer as described in Section 12 below. Whisperr reserves the right to change this Privacy Policy at any time without specific notice or obligation to you. If we make changes to this Privacy Policy, we will change the "Last Updated" date above and will post the updated Privacy Policy on this page. We may also provide other methods of notice or request your consent depending on the circumstances.

    Any changes will be effective immediately upon the posting of the revised Privacy Policy. Your continued access to, or use of, the Whisperr Services after any such changes constitutes your acceptance of the Privacy Policy as revised. All potential litigations relating to the Whisperr Services will be resolved under the jurisdiction of Vienna International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) and Commercial Court in Belgrade, excluding any conflicts of laws rules.