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privacy policy

The WhosHere application and the associated WhosHere website available at WhosHere.net (collectively, "WhosHere") are operated by WhosHere, Inc. ("WhosHere," "us" or "we"). This privacy policy (the "Privacy Policy") is intended to inform you of our policies and practices regarding the collection, use, and disclosure of information you submit to us through your use of WhosHere. Unless otherwise defined herein, capitalized terms shall have the meanings assigned to such terms set forth in the End User License Agreement (available at WhosHere.com/legal) for WhosHere.

The provider(s) for the Mobile Device on which WhosHere is available do not collect information through your use of WhosHere, however, we may share certain types of information with such provider(s), as described below.

Certain Definitions
"Personal Information" is information about you that is personally identifiable to you, for example, your name, address, email address, or phone number, as well as other non-public information that is associated with the foregoing.

"Anonymous Information" means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons. We collect and use Personal Information and Anonymous Information as described in this Privacy Policy.

User Consent
By using WhosHere, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy.

If you are a user who resides outside the United States, you understand that your Personal Information may be processed in countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country.

Personal Information You Voluntarily Provide to Us
When you access or use WhosHere, we may collect Personal Information that you voluntarily provide to us. For example, when you save Personal Information in your profile we will collect any such information you enter. When you enter Personal Information throughout WhosHere using one of the features, for example your profile, instant messaging, posting pictures, or any public forums, we will collect any such information you enter. We may collect your telephone number, only when you voluntarily choose to add it to your WhosHere profile.

If you contact us by sending us an email, we will collect your email addresses and any information contained in the email you send us. If you provide us feedback, we will collect any information that is contained in your feedback. When you contact us by sending us an instant message, fax, or letter, we will collect your address, fax number, etc. and any information contained therein. We record any chat sessions you have with us, our service providers, and users of WhosHere.

Personal Information Collected via Technology
As you access WhosHere, certain information may also be collected passively, including your Internet protocol address, browser type, and operating system. We may also store a small text file called a "Cookie" on your computer or Mobile Device to store certain information about your use of WhosHere. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). We may include web beacons with the content and ads that we deliver to you, which we use to collect information regarding your interaction with such content and ads. We will also collect the GUID from the Mobile Device that you are using to access WhosHere.

The "Globally Unique Identifier" or "GUID" is a special type of identifier used in software applications in order to provide a unique reference number for applications like those used by your Mobile Device. An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. We assign your computer or Mobile Device a dynamic IP Address that varies from session to session when you use WhosHere.

Personal Information from Other Sources
We may receive Personal Information about you from other sources, from your Mobile Device provider or carrier with which you have registered, companies who we have partnered with (collectively, "Partners") or other third parties. We may associate this information with the other Personal Information we have collected about you.

Personal Information Posted in Public Forums
You understand that when you use WhosHere, certain information you post or provide through WhosHere may be shared with other users and posted on publicly available portions of WhosHere, including without limitation your profile, comments, photographs and locations. In addition, you understand that use of WhosHere may include the disclosure and display of your location/distance data to other users, your Mobile Device provider or carrier, and third-party partners at your option. WhosHere users can use the search feature to search for other members by different criteria, like location/distace or gender. The Personal Information that You enter into your profile will be used for these searches. Please note that if You choose to show your location, as provided by you or by the carrier or provider of the Mobile Device you are using, the information that is provided to WhosHere about your location/distance will be used within your profile and can be viewed and searched by other WhosHere users.

You may decline or restrict user access to certain information by using the available privacy settings. Please be aware, however, that although we endeavor to use commercially reasonable efforts to implement these restrictions and honor these designations, no system or security measure is perfect or impenetrable, and therefore, we cannot guarantee that this information will not be available to others. In addition, regardless of the setting you select for your own profile, you should be aware that (i) location data and other Personal Information that you post on other user's profile or other areas of WhosHere that are not designated as private may be publicly available and can potentially be viewed by anyone; and (ii) Personal Information and location data may still be shared with your Mobile Device providers or carriers, service providers and other third parties in accordance with the provisions of this Privacy Policy. Your use of WhosHere constitutes your consent to share this information in such manner and all such sharing of information is done at your own risk. Please keep in mind that if you directly choose to disclose Personal Information when posting comments or other information or content through WhosHere, this information may become publicly available and may be collected and used by others. We recommend you be cautious in giving out personal information to others in public forums online or otherwise.

Use of Information
We use your Personal Information to provide WhosHere to you, to respond to requests that you make, to improve WhosHere, and to better tailor the features, performance, and support of WhosHere. For example, we track IP Addresses to assist with ad targeting. We may use records of chat sessions for support, training, improvements, and to otherwise enforce the Agreement.

When you provide us with your contact information, we may use your Personal Information to send you electronic newsletters or promotional e-mails, unless you have requested not to receive such promotional communications from us. We may also use your Personal Information to send you WhosHere-related communications, for which you may opt out if you terminate your account.

Additionally, we may create Anonymous Information records from Personal Information by excluding information that would otherwise makes the Anonymous Information personally identifiable to you. Generally, we aggregate this information and use it in statistical analysis to help us analyze patterns in the use of WhosHere. This Privacy Policy does not limit our use or disclosure of any Anonymous Information in any way, and we reserve the right to use and disclose Anonymous Information to our Partners, advertisers and other third parties in our discretion.

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information.

Disclosure of Personal Information
We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or as otherwise described in this Privacy Policy.

We provide your Personal Information to third party service providers who work on behalf of or with us to provide some of the services and features of WhosHere and to help us communicate with our users. However, these service providers do not have any independent right to share this information (except pursuant to a legal requirement such as a subpoena or warrant).

If you decide to use one of the additional services that are offered by our Partners, we may forward Personal Information to these Partners to enable them to provide the services that you requested. We also provide information to third party advertising companies, as further described below. Please be aware that the handling of your Personal Information by our Partners or the third party advertising companies is governed by their privacy policies, not ours.

Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control, we may in the future, and we may share some or all of your Personal Information with these companies, in which case we will require them to honor this Privacy Policy.

In the event WhosHere goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of WhosHere or its assets may continue to process your Personal Information as set forth in this Privacy Policy.

Law Enforcement Compliance
We may be required by law, or by law enforcement officers acting under the color of law, to record some or all of your communications on or through WhosHere. We may, and you hereby authorize us to, disclose your Personal Information (including your Account Information) and your communications through WhosHere, if required by law or by law enforcement officers acting under the color of law, or if we believe in good faith that such disclosure is necessary to: (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) enforce any agreement we may have entered into with you; (c) to protect or defend the rights, property, or safety of WhosHere, you, other users, or third parties; and (d) assist in an investigation related to any of the foregoing.

Your Choices Regarding Your Personal Information
We offer you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly (please see contact information below).

Despite your indicated email preferences, we may send you administrative emails regarding WhosHere and WhosHere, including, for example, administrative confirmations, and notices of updates to our End User License Agreement, Acceptable Use Policy or Privacy Policy if we choose to provide such notices to you in this manner.

You may change any of your profile information by editing it in My Profile tab of WhosHere. You may request deletion of your Personal Information by contacting us at support@WhosHere.com, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request, only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives.

We do not maintain responsibility for the manner in which third parties use or further disclose Personal Information collected from you in accordance with this Privacy Policy, after we have disclosed such information to those third parties. If you do not want us to use or disclose Personal Information collected about you in the manners identified in this Privacy Policy, you may not use WhosHere.

Third Party Sites and Content
Our provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites. We may enable certain third parties to deliver content and ads through WhosHere. These third parties may collect (via tracking technologies like cookies or web beacons) and use Anonymous Information regarding your interaction with the content or ads that they deliver and with which you interact. We do not have access to or control of the tracking technologies that may be placed by these third parties. Third parties do not have access to your Personal Information stored on WhosHere unless you choose to share it with them. This Privacy Policy does not cover the use of tracking technologies by any third party.

Regarding Children
WhosHere is not directed to persons under 13 years of age. We do not intentionally collect personally identifiable information from children under 13 years of age. If we have actual knowledge that a child under 13 years of age has provided us with personally identifiable information, we will expel the account and delete such information from our files per our standard data cleanup processes. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at support@WhosHere.com.

We make reasonable efforts to protect the information collected through WhosHere, but no company, including WhosHere, can fully eliminate security risks connected to handling information on the internet. In addition, standard Wi-Fi protocols, EDGE and 3G are used for transmission of data on WhosHere. You should know that unauthorized persons may attempt to intercept your network communications, and we encourage you to exercise caution when accessing such things as Wi-Fi hotspots.

Contact Us
Should you have any questions or concerns regarding this Privacy Policy, please contact us at support@WhosHere.net.

Privacy Policy Updates
As part of our End User License Agreement, this Privacy Policy is subject to occasional amendment, in accordance with the terms of the Agreement. This Privacy Policy is incorporated into the Agreement. Each version of this Privacy Policy will apply to information collected while it was in place. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy to the WhosHere website and such changes are effective upon posting. You are advised to consult this Privacy Policy regularly for any changes.

This Privacy Policy was last updated 03 April 2012.