Privacy Policy

TRANSLATIONS:

 

WHAPPS PRIVACY POLICY

Last Modified: 12/18/2023

Definitions

WHAPPS LLC: We provide rewards program creation and maintenance services under the names Online Rewards, WorkProud, MyPointRewards, Catalog API, The Award Card, RewardsOnDemand, and MyMilestoneAward. As it pertains to this Privacy Policy, WHAPPS LLC and all subsidiaries will be referred to as “Our,” “We” or “Us.”

OUR SERVICES: We build Rewards Programs including Employee Rewards, Business to Business, Channel Incentives, Wellness Programs, Consumer Programs, Rebate Programs and others. We refer to these collectively as “Rewards Programs.”

OUR CLIENTS: We build, manage and maintain Rewards Programs for and on behalf of our Clients, who specify the requirements for each of their Rewards Programs. As it pertains to this Privacy Policy, our clients will be referred to as “Program Sponsors.”

PARTICIPANTS: Any employee, customer, partner or other individual invited to join a Program Sponsor’s Rewards Program that we manage on their behalf is referred to as a “Participant” or “You.”

Our Privacy Policy

We respect your privacy and want to ensure you are aware of our practices as they pertain to your personal information that may be captured and stored in our Rewards Programs.

Our Privacy Policy outlines how we collect, store, use, disclose and protect your information and the choices you have regarding how we collect, store, use, disclose and protect your information.

In cases where the Program Sponsor has specified additional obligations with respect to collection and use of personal information in a Rewards Program and, if these obligations are more restrictive than those set forth in this Privacy Policy, we will comply with the more restrictive obligations.

By using our Rewards Programs, you accept the terms of this Privacy Policy and our End User License Agreement and consent to our collection, use, processing, disclosure, and retention of your information as described in this Privacy Policy. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR END USER LICENSE AGREEMENT, THEN PLEASE DO NOT USE ANY OF THE REWARDS PROGRAMS.

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. This Privacy Policy is incorporated into and referenced in the End User License Agreement with program sponsors and third-party service providers as applicable.

Data Privacy Framework

WHAPPS complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce.  WHAPPS has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. As a participant in the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, WHAPPS is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, WHAPPS commits to resolve DPF Principles-related complaints about our collection and use of your personal information.  EU and UK individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, should first contact WHAPPS at: privacy@whapps.com

In compliance with the EU-U.S. DPF and UK Extension to the EU-U.S. DPF, WHAPPS commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF in the context of the employment relationship.

WHAPPS has further committed to refer unresolved complaints with regard to Personal Data other than human resources data to International Centre for Dispute Resolution, International Division American Arbitration Association (“ICDR-AAA”), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit https://go.adr.org/dpf_irm.html and www.dataprivacyframework.gov for more information or to file a complaint.  The services of the ICDR-AAA are provided at no cost to you.

The Federal Trade Commission has jurisdiction over compliance with the EU-U.S. DPF and UK Extension to the EU-U.S. DPF for WHAPPS.

If your complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms as provided in the EU-U.S and UK extension.

In the context of an onward transfer, WHAPPS has responsibility for the processing of Personal Data it receives under privacy principles including the EU-U.S. DPF and UK Extension to the EU-U.S. DPF, and subsequently transfers to a third party acting as an agent on its behalf. WHAPPS shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.

INFORMATION WE COLLECT

Personal Information

We may collect and store personal information about you to deliver and improve the Rewards Programs. This includes information provided to us by you, by a Program Sponsor or by other Participants that can uniquely identify you, such as:

• Your name
• Your contact information
• Details about your relationship with the Program Sponsor
• Purchases and redemptions of catalog items you make using the Rewards Programs
• Content like posts, comments, photos, videos
• Other information that you create and submit or that other Participants create and submit about you

Payment Information

If you make a purchase when using the Rewards Programs, a third-party payment processor may collect your payment card or bank account number, payment card expiration date, security code, and other payment details, as well as other personal information in order to complete your purchase.

Transactional Information

We may collect and store data that is relevant to the operation of a Sponsor’s Rewards Program but not generated through the use of the Rewards Program such as purchases, toll records, health and wellness activities or other data type as required to support the operation of a Sponsor’s Rewards Program.

Location Information

If you access the Rewards Programs on a mobile device and your mobile device’s settings allow it, we may collect information about your location. Please see the “Your Choices” section below for details on how to limit the location information we collect when you access and use the Rewards Programs on a mobile device.

Experience Information

We may conduct surveys at the request of and for the benefit of a Program Sponsor. We may also conduct surveys for marketing and data research purposes, where we analyze the answers in aggregate. We may request contact details if we need to verify or validate answers.

Anonymous Information

The information we collect may include, without limitation:

Information about the devices you use to access the Rewards Programs (like the IP address, device type, operating system, web browser type, and mobile network information)

Anonymous information regarding your access to and use of the Rewards Programs, such as:

Traffic data and logs, Actions taken when using the Rewards Programs (such as searches, likes, page views and navigation patterns), Dates and times of usage, Duration of use of the Rewards Programs (including whether you are a repeat or first-time participant)

Demographic information, as well as data from voluntary, anonymous research surveys.

Other information as required by a Program Sponsor

Website Usage Information

When you use the Rewards Programs, we may collect some information by automated means, like cookies and web beacons. A “cookie” is a text file sent by a website to a participant’s computer or other Internet-connected device to uniquely identify the participant’s browser and/or to store information or settings in the browser. Some content or applications available through the Rewards Programs may employ the use of third-party cookies served by third parties. We do not collect personal information through our own, or third-party cookies. We use cookies to identify the fact that you are a repeat participant.

A “web beacon,” also known as an Internet tag, pixel tag, or clear GIF, is used to transmit information about actions of the user opening the page or email containing the beacon back to a web server. We, and our affiliates, may use web beacons throughout the Rewards Programs, including on websites, emails, advertisements on other websites, or our own advertisements. We may utilize web beacons to measure participant behavior, to help us improve the participant experience, and to manage website content.

HOW INFORMATION IS USED

We use the information we collect to manage our Program Sponsors’ Rewards Programs. We may contact you to provide customer support or to respond to your questions and comments. We may use the information to issue awards, process orders and send notifications in Rewards Programs. We also may contact you to send messages and other information on behalf of Program Sponsors, inquire about your interest in other Rewards Programs or special offers, to facilitate reward redemption, and to inform you about new products or other information relevant to a Sponsor’s Rewards Program. We may disclose your personal information to our contractors, service providers, suppliers and other third parties in order to provide the Rewards Programs to you. We expect our third-party service providers to use the information strictly for the purpose of processing your request or delivering products or Rewards Programs you have requested.

We use data collection tools to facilitate the Rewards Program requirements as specified by Program Sponsors and help provide you with a positive experience in the Rewards Programs. We use the data to analyze trends and statistics regarding your use of the Rewards Programs and transactions conducted on the Rewards Programs, to prevent fraud and unauthorized transactions, to meet the needs of Program Sponsors, to enforce our End User License Agreement, and other agreements, and to comply with applicable laws and industry standards.

We may disclose your personal information to: a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets, if the information is publicly available; if we believe it is necessary or appropriate to protect the rights, property, or safety of WHAPPS, users of our Rewards Programs, or others; or if required by any lawful request from public authorities, including national security and law enforcement agencies.

Any personal information collected about participants while engaging in the Rewards Programs may be processed in the United States or outside the United States by us or by parties acting on our behalf. If you provide your personal information to us through the Rewards Programs, you consent to the processing of your data in the United States and in other countries. The Rewards Programs are hosted in the United States. For more information about jurisdictional data transfer mechanisms, contact privacy@whapps.com.

Sharing Personal Information to Third Parties

We do not share, sell, rent, or trade your personal information with third parties for their promotional purposes. We may disclose aggregated information about our participants, and other information that does not personally identify any specific participant, without restriction.

• We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
• Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties that we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.  To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of a legal process.
• Sharing with Trusted Third Parties. We may share your Personal Data with third parties with which we have partnered to allow them to integrate their services into our own Services and with trusted third party service providers as necessary for them to perform services on our behalf. These third parties are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing, or retaining your Personal Data from any purpose other than as they have been specifically contracted for (or without your consent).

Choice- Limiting Use of Personally Identifiable Information

You have the right to limit the use and disclosure of your personal information. Whapps discloses personally identifiable or sensitive information to third parties when Whapps is acting as a data processor under the direction of a data controller. You must contact the data controller and use the mechanism it provides to opt out or make changes to your designation.

Whapps may still retain all non-identifiable data and information, to use for statistical purposes, aggregate purposes, and improvement of systems and processes. If your personally identifiable or sensitive information is provided to Whapps and Whapps is acting in the capacity of a data controller (e.g., you or others request that we provide you marketing or sales information and share with us your personally identifiable information so we can contact you), Whapps will use such data only for the purposes for which it was collected. If you request, you may opt out of having Whapps share your personally identifiable or sensitive information, limit with whom such information is shared, or have such information removed from our systems by contacting us at  privacy@whapps.com.

If you receive an email from us about new products or Rewards Programs, you may notify us to remove you from our email list by clicking the “UNSUBSCRIBE” link at the bottom of the email or by sending an email with “UNSUBSCRIBE” in the subject line to privacy@whapps.com explaining your desire to no longer receive communications and providing the address (email and/or physical) to be removed.

If you do not want us to capture and use your location information, you may disable the location features of your mobile device or choose not to use our mobile applications.

Access to Specific Information and Data Portability Rights

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

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • Sales;
  • Identifying the personal information categories that each category of recipient purchased;
  • Disclosures for a business purpose;
  • Identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract 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, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at 888-826-0783

Visiting online-rewards.com/privacy

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
• We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

ACCESS AND CORRECTION

If the information that we maintain about you in connection with a Rewards Program is inaccurate, or if you would like to update or review your information, please contact the Program Sponsor. They will make the changes directly or contact us to correct, amend, or delete information that is inaccurate. In any other case where you would like to review or update your information, please send a detailed request with the correct information to our Data Protection Officer at privacy@whapps.com.

You will need to provide sufficient identifying information, including your name and address. We may request that you provide additional identifying information to confirm your identity and satisfy information security concerns. We may limit or deny access to personal information where providing such access would be unreasonably burdensome or expensive in the circumstances. Where warranted, we may charge a reasonable fee for access to personal information.

HOW INFORMATION IS RETAINED AND SECURED

We retain information as long as it is necessary and relevant for our operations. Additionally, we retain personal information to comply with applicable law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce the End User License Agreement, and perform other actions permitted by law.

We employ industry standard security practices designed to protect the security of personal information submitted through the Rewards Programs. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty that we will prevent unauthorized access to your private information. Additionally, the security of information transmitted through the Internet can never be fully guaranteed. We receive personal information via the Internet in encrypted format when possible. We are not responsible for interception or interruption of any communications through the Internet or for changes to or losses of data resulting from Internet transmission. We do not ensure the confidentiality, integrity, or availability of the information from a Rewards Program after it is accessed by the Program Sponsor to whom that portion of the Rewards Programs is dedicated, nor can we control how Program Sponsors will use your information.

You are responsible for maintaining the security of any password, user ID, or other form of authentication used to obtain access to protected or secure areas of the Rewards Programs. In order to protect you and your data, we may suspend your use or access to any of the Rewards Programs, without notice, pending an investigation, if any breach of security is suspected. Access to and use of protected and/or secure areas of any of the Rewards Programs is restricted to authorized users only. Unauthorized access to protected and/or secure areas is prohibited and may lead to criminal prosecution.

LINKED SERVICES (THIRD-PARTY SERVICES)

Rewards Programs may link to third-party websites and services (“Third Party Services”) with which we are not affiliated. A link to any Third-Party web site does not represent our endorsement of any Third-Party web site nor the quality or accuracy of information presented therein. If you visit a Third-Party web site, you are subject to its privacy policy and practices and not this Privacy Policy. Please carefully review the legal and privacy policies and notices of all Third-Party web sites you visit.

SPECIAL PROVISIONS

Not Child Directed

We do not purposefully collect personally identifiable information about children under the age of 13. If you are under the age of 18 (but at least 13 years of age), you may only use the Rewards Programs under the supervision of a parent or legal guardian who agrees to be bound by the End User License Agreement. Children under the age of 13 may not use the Rewards Programs, and parents or legal guardians may not agree to the End User License Agreement on their behalf.

Some Program Sponsors may choose to configure the Rewards Programs to allow minor employees to post user-generated content through the Rewards Programs. In such cases, minors may modify and delete their user-generated content at any time with the same service used to create it. Users may also contact privacy@whapps.com for assistance with removing user-generated content. Removal of user-generated content does not ensure complete or comprehensive removal of that information from the Rewards Programs.

How We Respond to Do Not Track Signals

Some web browsers (including Safari, Internet Explorer, Firefox, and Chrome) include a “Do Not Track” (DNT) or similar feature that signals to digital services that a participant does not want to have his/her online activity tracked. If a digital service that responds to a particular DNT signal receives the DNT signal, the browser can prevent that digital service from collecting certain personal information about the participant. Not all browsers include a DNT option and DNT signals are not yet uniform. Therefore, we do not respond to DNT signals. Visit http://allaboutdnt.com for more information about DNT signals.

Visit www.allaboutcookies.org for further information about disabling cookies. If you choose to decline cookies, the functionality of the Rewards Programs that depend on cookies may become unavailable.

GDPR

GDPR stands for the “General Data Protection Regulation,” and is effective as of May 25, 2018. GDPR replaces national privacy and security laws that previously existed within the EU with a single, comprehensive EU-wide law that governs the use, sharing, transfer and processing of any personal data that originates from the EU.

Our policy is to respect all laws that apply to our business, and this includes GDPR. We also appreciate that Program Sponsors have requirements under GDPR that are directly impacted by their use of our Rewards Programs.

To ensure our compliance with GDPR, we have committed to:

• Ensuring our Services are SOC2 certified, with annual certifications beginning in 2018. Ensuring the appropriate data transfer mechanisms are in place as required by GDPR when data is being transferred outside of the EU.
• Assisting our clients, insofar as possible, to respond to data subject requests our clients may receive under the GDPR.

WHAPPS LLC complies with certain legal frameworks relating to the transfer of data from the European Economic Area and the United Kingdom to the United States. When WHAPPS LLC engages in such transfers, WHAPPS LLC relies on Standard Contractual Clauses as the legal mechanism to help ensure your rights and protections travel with your personal information. SCCs are contractual commitments between companies transferring personal data, binding them to protect the privacy and security of such data. WHAPPS LLC adopted SCCs so that the necessary data flows can be protected when transferred outside the EU and UK to countries which have not been deemed by the European Commission to adequately protect personal data, including protecting data transfers to the United States.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to update or change this Privacy Policy at any time. If we make a change that meaningfully reduces your rights, we will provide notice within the Rewards Programs. Your continued use of the Rewards Programs after any Privacy Policy is amended constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions. We encourage you to return to this Privacy Policy periodically to review any updates or changes.

Privacy Statement – California

View WHAPPS Privacy Notice for California Residents (“CA Privacy Notice”) which supplements the information contained in this Privacy Statement and applies solely to all visitors, users, and others who reside in the State of California.

CONTACT US

Written questions or comments regarding this Privacy Policy should be submitted to us at:

WHAPPS LLC
2435 North Central Expressway
Suite 1180
Richardson, TX 75080