WHAPPZ PRIVACY POLICY

PLEASE READ THIS PRIVACY POLICY (THIS “POLICY”) AND THE TERMS OF SERVICE (THE “TERMS”) CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS OR THIS POLICY, DO NOT USE OR VISIT THE WEBSITE, APP, OR ANY OTHER MOBILE OR WEB SERVICES OWNED, CONTROLLED, OR OFFERED BY NEW WAVELENGTH LLC (COLLECTIVELY “THE SERVICE”).

BY USING OR VISITING ANY OF THE SERVICE, YOU AGREE TO ABIDE BY THE TERMS AND THIS POLICY.

This Policy describes the categories of information that New Wavelength LLC (“Company”, “we”, “our”, “us”) collects from visitors, users, and members of any of the Service, including the website https://www.whappz.com (the “Site”) and mobile application Whappz (the “App”). This Privacy Policy further informs you how we use, disclose, share, and protect your information, including what options you have available regarding its use. “Information” refers to your personal information. Which information we collect and for what purposes is determined on how you interact with and use the Service. We may collect information about you directly from you, from third parties, and automatically through your use of the Service. By visiting the Service, you agree that your Information will be handled as described in this Policy. Your use of the Service, and any dispute over privacy, is subject to this Policy and the Terms, including its applicable limitations on damages and the resolution of disputes. The Terms are incorporated by reference into this Policy.

EFFECTIVE DATE: August 25, 2022

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1. THE INFORMATION WE COLLECT FROM YOU
   1. You may voluntarily provide us with information, including: Service information, such as your real name, alias, email address, telephone number, date of birth, profile name, profile photo, account name, picture, height, weight, physical characteristics or description, gender identity, preferred pronouns, ethnicity, personal interests, relationships and preferences, residence information, travel plans and information, other social networking service or other service user names, payment card numbers and other payment information, and a profile name and password that you create and any other information to register for and to use the Service.
   2. While you may voluntarily provide us with sensitive information about yourself such as your gender identity, ethnicity, personal interests, relationships and preferences (for example, in creating or updating your profile), there is no requirement to do so. Where you choose to provide us with such sensitive information, you are explicitly consenting to our processing of your information.
   3. User messages are stored on our server to maintain your conversation history. Messages are stored in an encrypted form, but we do NOT offer end-to-end encryption. We may review message content to help prevent fraud/abuse of the service.
   4. We may collect additional information you provide, such as information you provide when you contact or otherwise interact with us or a service provider, third party and/or other party (for example, regarding support or employment opportunities and participating in surveys).
   5. To create an account, we collect the following user information: email, password, gender identity, and date of birth.
   6. For payments, we require the credit card number, expiration date, cvv code, and zip code.
   7. We offer OPTIONAL mobile phone number verification to enhance the authenticity of your profile. VOIP numbers (e.g., Google Voice) are not accepted. Verified users have a verified symbol on their photo and can verify other users. Numbers are stored in an encrypted form and will never be disclosed to others unless we are legally required to do so. We may use phone number data to prevent fraud/abuse of the service.
2. THE INFORMATION WE COLLECT FROM OTHER SOURCES
   1. We automatically collect information about your use of the Service including: an identifier that is unique to the device on which you install an App (some device identifiers may be persistent device identifiers); advertising identifiers; operating system; browser type; mobile network information; the make, model and serial number of your mobile device; your Internet Protocol (IP) address; domain name of your Internet service provider; platform type; the Service pages that you visit and the date and time of your visits; information regarding your access to and use of an App; information regarding App crashes; anonymized information; a history of your prior geographic locations; and your current geographic location; information publicly accessible; information from other users; and, information from our service providers, third parties, and/or other parties.
   2. We automatically collect certain information that is generated through your use of the Service, including information about the profiles that you have viewed, the products and services you have purchased or considered purchasing through the Service, and how you communicate with other users.
   3. We ask for your consent to access your geographic location information. If you allow such access, we collect your geographic location to determine your distance from other users through GPS, Wi-Fi and/or cellular technology in your mobile device. You may change such access to geographic location information via the settings on your web browser or mobile device. Your last known geographic location can be stored for the purpose of calculating your distance from other users. If you do not allow such access, you may not be able to use all portions or all functionality of the Service. Prior to your installation of the App, we may have already collected information about the other apps that you have used via our service providers, third parties and/or other parties.
   4. We also can derive information or draw inferences about you based on information we collect from or about you to create a profile about you reflecting your inferences drawn from any of the foregoing information to create a profile about you reflecting your preferences, characteristics, predispositions, behavior, and attitudes.
   5. We automatically collect certain information through cookies, web metadata, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information.
3. HOW WE USE OR DISCLOSE YOUR INFORMATION.
   1. We use your information, including your personal information, for the following purposes: to provide our Services to you; to communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes; to tailor the content and information that we may send or display to you, personalized help and instructions, and to otherwise personalize your experiences while using the Services; to send you email marketing about our products and services; to send you news and newsletters; to send you email marketing about products and services of our affiliated entities; to send you email marketing about products and services of other entities that we think may be of interest to you; to better understand how users access and use our Services, both on an aggregated and individualized basis.
   2. We will evaluate which features of our Site and App are more (or least) used by users, and we will use this information; for research and analytics purposes; to comply with legal obligations, as part of our general business operations, and for other business administration purposes; and, where we believe necessary to investigate, prevent or act regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of the Terms or this Policy.
4. HOW WE SHARE YOUR INFORMATION
   1. Service Providers. We disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. These service providers include but are not limited to our email service provider, communication partners, and analytical systems.
   2. Affiliates and Subsidiaries. We may disclose the information we collect from you to our affiliates or subsidiaries.
   3. User Profile Information. The name and profile of a user of the Service, as well as other information relating to the use of the Service (such as geographic location information which can include any or all the following - GPS-derived distance; travel plans; and trip information) and online status, may be visible to other users. Only registered App users who login to the Service can use the search feature in an App to search for other users by different profile criteria, like profile name, age, height, weight, geographic location, physical characteristics, ethnicity, personal interests, relationships or preferences or residence information. Your profile information will be used for these searches. App user interface may include a feature to make certain items of profile information non-public. However, even if you choose to make non-public certain items of your profile information or other information if and as permitted by the user interface, sophisticated users who use an App in an unauthorized manner may nevertheless be able to obtain this information. DO NOT INCLUDE INFORMATION IN YOUR PROFILE AND OTHERWISE PROVIDE INFORMATION WHEN USING THE SERVICE THAT YOU WANT TO KEEP PRIVATE (FOR EXAMPLE, YOUR REAL NAME, ADDRESS AND PHONE NUMBER). Tracking information allows you to see who has viewed your profile, and, in turn, allows other users to see when you’ve viewed theirs. If you do not wish to share your viewing activity with other users you have the option to hide it, either on a one-time or permanent basis.
   4. User-to-User Messages. We track when you view incoming messages to determine if they have been read or not, and to tell the sender when you have read a message. You may block a user at any time. Blocking deletes the entire conversation history between you and the blocked user. We cannot prevent users from saving content (e.g. taking screenshots), or downloading photos while they have access. Please be careful with whom you share your content.
   5. Location Information. App users can use the search feature in an App to search for other users by distance. Information about your distance from other users will be used for these searches. This information is public, but an App may include a feature to hide or change the accuracy of this information. However, even if you choose to hide the display of this information, sophisticated users who use an App in an unauthorized manner may nevertheless be able to determine your geographic location. YOU UNDERSTAND THAT WHEN YOU USE AN APP, AS A DEFAULT, INFORMATION ABOUT YOUR DISTANCE FROM OTHER USERS IS PUBLIC AND OTHER USERS OF SUCH APP CAN SEE THIS INFORMATION WITHIN YOUR PROFILE.
   6. Geographic Location Information. The geographic location of a user of the Service, as well as other information relating to the use of the Service can be disclosed to or shared with other users and service providers, third parties and/or other parties. The geographic location of a user of the Service can be used to determine which services, disclosures, features, content, and information will be available to you and certain services, disclosures, features and content and information made available through the Service may only be available to users in certain geographic locations.
   7. Geographic Location Precision. We collect precise location data for users who authorize it on mobile apps. We round all displayed distances to the nearest mile or kilometer. We store the precise coordinates in an encrypted form. We may review location data to help prevent fraud/abuse of the service. We also track IP addresses and use IP geolocation to help identify fraud/abuse.
   8. Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.
   9. In Response to Legal Process. We can disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
   10. To Protect Us and Others. We can disclose your information when we believe it is appropriate to do so to investigate, prevent, or act regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of the Terms or this Policy, or as evidence in litigation in which we are involved.
   11. Aggregate and De-Identified Information. We share aggregate, anonymized, or de-identified information about users with third parties for marketing, advertising, research, or similar purposes. We can disclose or share anonymized information relating to visitors to and users of the Service with any service provider, third party and/or other party for any purpose, subject to applicable law.
   12. With Your Consent. We can disclose or share your information other than as described in this Privacy Policy if we notify you and you consent to the disclosure or sharing thereof.
   13. For Any Other Purpose with Notice by Us. We can disclose or share your information for any other purpose for which we provide you with notice, subject to applicable law.
5. OUR USE OF COOKIES AND OTHER TRACKING TECHNOLOGY

   We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf). We use cookies only to identify logged in users and to support the "remember me" option which keeps users logged in for up to 2 weeks. We do not share cookie information or use cookies to track users on other sites.

   1. Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate the Service, while others are used to enable a faster log-in process or to allow us to track your activities with our Service.
   2. Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Service. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through the Service.
   3. Web Beacons. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and Services to, among other things, track the activities of Site visitors and app users, help us manage content, and compile statistics about Site usage. We and our third-party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
   4. Advertising Identifiers. Advertising identifiers are unique strings associated with your mobile device provided by the operating system. Advertising identifiers can be modified or disabled by users in the operating system.
   5. Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.
   6. Do Not Track. Mobile devices provide the ability for users to enable a "do not track" setting that disables your advertising identifier. If the “do not track” setting is disabled, we can record when a user installs an App, and whether this action was the result of a tap on an ad outside of such App. We can also run advertising on other websites and applications via our advertising display partners. For users who have enabled the "do not track" setting on their mobile device, this data will not be collected. Please note that the “do not track” setting may not be available on all operating systems or versions of an App.
   7. Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Services who disable cookies will be able to browse the Site, but some features or pages may not function.
6. THIRD-PARTY SERVICE PROVIDERS AND ANALYTICS
   1. We may use automated devices and applications, including but not limited to Google Analytics, Google API, Amazon Web Services, Twilio, Sendinblue, Zendesk, Authorize.net, and Apple to evaluate usage of our Site, and to the extent permitted, our App. We also may use other analytic means to evaluate our Service. We use these tools to help us improve our Site’s and application’s performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services.
   2. We use Amazon Rekognition (AI) to screen profile photos for sexual content (which is only permitted in private albums). Photos may also undergo human review as needed.
7. USER GENERATED CONTENT
   1. If you post content to our Service, the information that you post will be available to the appropriate audience depending on the purpose of the feature. If you post your own content on our Service, your posting may become public, and Company cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
   2. Members of the Service can voluntarily provide information, content, and materials (such as pictures, reviews, ratings, ideas, notes, concepts, creative suggestions, or questions) from themself and other users ("User Submissions") to the Service. We make no representations and undertake no obligations as to the security or use of information you voluntarily include when providing User Submissions. Before submitting content, please read our Terms and Community Guidelines carefully.
   3. We reserve the right to remove any such content for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms or Community Guidelines or to protect or defend our rights or property or those of any other party. We also reserve the right to remove information upon the request of any party, including any other party.
8. THIRD-PARTY LINKS

   Our Service may contain links to third-party websites and events. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies and terms of use of those third-party websites. We are not responsible for the information practices of such third-party websites.

9. SECURITY OF PERSONAL INFORMATION
   1. We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.
   2. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
10. ACCESS TO PERSONAL INFORMATION

    You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Site or App for a period.

11. WHAT CHOICES DO I HAVE REGARDING USE OF MY PERSONAL INFORMATION?

    We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

12. PERSONALLY IDENTIFIABLE INFORMATION OF MINORS

    We do not knowingly collect personally identifiable information from users under the age of 18. If you are under the age of 18, please do not submit any personally identifiable information through our Service. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Policy by instructing their children never to provide personally identifiable information through our Service. If you have reason to believe that a person under the age of 18 has provided personally identifiable information to New Wavelength LLC through our Service, please contact us at [email protected], and we will endeavor to remove that information from our databases.

13. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

    In this section, we provide additional information to California residents about how we handle their personal information, as required under California privacy laws including the California Consumer Privacy Act (“CCPA”). This section does not address or apply to our handling of publicly available information lawfully made available by state or federal government records or other personal information that is exempt under the CCPA.

    1. Categories of Personal Information Under the CCPA (Last Updated: August 25, 2022). While our collection, use, and disclosure of personal information varies based upon our relationship and interactions with you, in this section we describe, generally, how we have collected and disclosed personal information about users in the prior 12 months (from the Last Updated data above).
    2. Categories and Sources of Personal Information Collected.
       1. Identifiers. Includes direct identifiers, such as name, alias, user ID, username, account number or unique personal identifier; email address, phone number, and other contact information; IP address and other online identifiers.
       2. User Records. Includes personal information, such as name, user ID, and contact information that individuals provide us in use our Services.
       3. Audio, Video, and Electronic data. Includes audio, electronic, visual, or similar information such as, photographs and images (e.g., that you provide us or post to your profile), event or webinar recordings, and call recordings (e.g., of customer support calls).
       4. Protected Classifications. Includes characteristics of protected classifications under applicable/federal and state/federal and California laws / information that you voluntarily include in your account profile (e.g., gender, marital status, and political affiliation).
       5. Inferences. Includes inferences drawn from other personal information that we collect to create a profile reflecting an individual’s preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.
    3. Sources of Personal Information. As further described in the Collection of Personal Information section above, we may collect personal information from the following sources: directly from the individual, data analytics providers, social networks, internet service providers, operating systems and platforms, user Disclosures of Personal Information. All categories of Personal Information may be disclosed for a business purpose, but no information will ever be sold. Third Parties to whom information may be disclosed include service providers, affiliates, subsidiaries, and data analytics providers.
    4. California Residents’ Rights / CCPA RIGHTS. In general, California residents have the following rights with respect to their personal information:
       1. Do-not-sell (opt-out). To opt-out of our sale of their personal information. We do not sell personal information about California consumers.
       2. Right of deletion. To request deletion of their personal information that we have collected about them and to have such personal information deleted (without charge), subject to certain exceptions.
       3. Right to know. With respect to the personal information we have collected about them in the prior 12 months, to require that we disclose the following to them (up to twice per year and subject to certain exemptions): categories of personal information collected; categories of sources of personal information; categories of personal information about them we have disclosed for a business purpose or sold; categories of third parties to whom we have sold or disclosed for a business purpose their personal information; the business or commercial purposes for collecting or selling personal information; and a copy of the specific pieces of personal information we have collected about them.
       4. Right to non-discrimination: The right not to be subject to discriminatory treatment for exercising their rights under the CCPA.
    5. Submitting CCPA Requests. California residents may submit CCPA requests Online at https://whappz.zendesk.com or by emailing us at [email protected] When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual by contacting us through methods described above; authorized agents will be required to provide proof of their authorization, and we may also require that the relevant user directly verify their identity and the authority of the authorized agent.
    6. Your Privacy Rights Under California Shine the Light Law. Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. To submit a “Shine the Light” request, email us at [email protected] and include in your request a current California address and your attestation that you are a California resident.
14. ADDITIONAL INFORMATION ABOUT EUROPEAN UNION RIGHTS

    European Union Rights. The following rights apply in certain circumstances only to individuals in the European Union.

    1. To request confirmation of whether we process your personal information, details of the information that we hold about you and how we use it and to access your personal information and to be provided with a copy, please submit a support request to [email protected]
    2. To request rectification of your personal information: if you believe that the personal information, we hold about you is inaccurate, you can request that we correct it and can also request us to complete personal information about you which is incomplete by submitting a support request to [email protected]
    3. To request deletion of your personal information on one of the following grounds, submit an email to [email protected]
       1. You believe that it is no longer necessary for us to hold your personal information;
       2. We are processing your personal information based on legitimate interests, and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing;
       3. Where our processing of your personal information is for direct marketing purposes, and you object to such processing;
       4. You have provided your personal information to us with your consent, and you wish to withdraw your consent and there is no other ground under which we can process your personal information; or,
       5. You believe the personal information we hold about you is being unlawfully processed by us.
    4. To request that we restrict processing of your personal information on one of the following grounds, please submit an email to [email protected]
       1. Where you believe the personal information, we hold about you is inaccurate and while we verify accuracy;
       2. We want to delete your personal information as the processing is unlawful, but you want us to continue to store it;
       3. We no longer need your personal information for the purposes of our processing, but you require us to retain the information for the establishment, exercise, or defense of legal claims; or,
       4. Where you have objected to us processing your personal information based on our legitimate interests and we are considering your objection.
    5. To request to object to our processing of your personal information where it is based on our legitimate interests or where such processing is for direct marketing purposes, please submit a support request to [email protected]
    6. To request to directly receive the personal information that you have provided to us in a structured, commonly used, and machine-readable format where the processing is based either on consent or on the performance of a contract, and the processing is carried out by automated means, submit a support request to [email protected]
    7. You may lodge a complaint with a supervisory authority in an applicable European Union country if your request or inquiry is not satisfactorily resolved by us after submitting a support request.
    8. We process the information of individuals in the European Union based on one or more of the following legal bases:
       1. We or a third party process your information to perform the contract that you have with us (for example, providing the Service to you).
       2. We or a third party can use your information where we or such third party have legitimate interests to do so (for example, analyzing users’ behavior on the Service to improve our offerings and processing information for administrative, fraud detection and other legal purposes).
       3. We can ask for your consent to use your information for specific purposes. You can withdraw your consent to our processing of your personal information at any time by submitting a support request to [email protected]
       4. We may be required to use your information to comply with a legal obligation (for example, complying with law, in response to legal process or cooperating with government or law enforcement agencies or officials or service providers, third parties and/or any other parties).
       5. The processing is necessary to protect the vital interests of our users or of others (for example, processing personal information, including disclosing data with law enforcement agencies in case of threats to the safety of users or of others).
15. CONTACT US

    If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at: [email protected]

16. CHAGES TO THIS POLICY

    This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and App. If we make any changes to this Policy that materially affect our practices regarding the personal information, we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and App, or through email communications where possible and appropriate.