The Whyzz® Privacy Policy

Whyzz Publications LLC (“Whyzz Publications”) respects your privacy and is committed to protecting it through our compliance with this policy.

This privacy policy (the “Privacy Policy”) applies to information collected by Whyzz Publications LLC (“Whyzz”) through or in connection with the operation of the WhyzzExplorer app, and/or other WhyzzExplorer services (collectively “WhyzzExplorer”). Whyzz Publications knows how important your personal privacy is to you, and we want you to be aware of the kinds of information we collect from WhyzzExplorer, how we collect it, how we use it and protect it, and with whom we share it.

If you submit information through WhyzzExplorer, you acknowledge and agree to the terms and conditions of this Privacy Policy, in addition to the WhyzzExplorer Terms of Use found at TERMS OF USE and incorporated by reference. Whyzz Publications may revise this Privacy Policy from time to time by updating the information posted on the Site and the App. Amendments to the Privacy Policy will be effective when posted.

You should therefore periodically review the current Privacy Policy, so that you are aware of any such revisions. This policy is in addition to the Terms of Use and the App User License Agreement, the terms of which apply to your access and use of WhyzzExplorer related services.

Please read this Privacy Policy and related Terms of Use carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use WhyzzExplorer or related services. By accessing or using WhyzzExplorer, you agree to this privacy policy.

  1. The Information We Collect, How We Collect It, and How We Use It

We collect two basic types of information from visitors to the Site:

    1. Personally identifiable information; and

    2. Automatically generated information.

We collect this information:

    1. Directly from you when you provide it to us.

    2. Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.

Personally Identifiable Information

Personally identifiable information is information that identifies the person to whom the information belongs. For example, a person’s name, address, or e-mail address ("Personal Information"). When you register to become a member of WhyzzExplorer, you will provide us with certain Personal Information, which may include your name, place of residence and e-mail address. We collect, store, and use this personal information to (i) ensure compliance with the WhyzzExplorer Terms of Use, (ii) respond to users’ requests and complaints, (iii) confirm your identity when you contact us, and (iv) contact you regarding your account.

Personal Information is accessible by our executives, our employees, our contractors, and our agents and subsidiaries to the extent reasonably necessary for these people to do their jobs related to the operation and management of the WhyzzExplorer App, and related services.

We will never intentionally share your Personal Information with any third party without first obtaining your permission to do so, except we may disclose personal information under the following circumstances:

    • We retain the right to disclose and transfer user lists and related Personal Information in connection with any merger, sale or other transfer of all or part of our business related to WhyzzExplorer, and to treat such information as a business asset in the event of bankruptcy or liquidation.

    • To comply with a subpoena, court order, legal proceeding, or relevant law or legal process, including to respond to any government or regulatory request.

    • To enforce or apply our Terms of Use found at TERMS OF USE

    • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our customers or others.

Automatically Generated Information

Automatically generated information does not contain specific details about the identity of the person who provided it. Examples of automatically generated information include Internet protocol (IP) addresses and information collected via cookies (described below). When you use WhyzzExplorer, we automatically gather this information. We use this information in the aggregate to monitor WhyzzExplorer, to improve WhyzzExplorer’s offerings, and for targeted advertising. Aggregated data are compiled into statistical and demographic information that we use, and may share with others, to show preferences of WhyzzExplorer users in the aggregate, but not the preferences of any individual user. Shared aggregated data do not include a level of detail that will permit anyone to associate an individual user with the user’s usage or preferences.

Tracking Technologies and Advertising

Cookies are small text files that are stored on your computer or other device that retain your information and preferences relative to your activities on WhyzzExplorer. They are meant to enhance your experience on WhyzzExplorer, and are used on WhyzzExplorer primarily to recognize registered users who are logged on. For example, if you check the box on WhyzzExplorer that says “Remember my username in the future,” we will send a cookie to your machine that does exactly that.

Should you wish to prevent your computer from accepting cookies from the Site, you can change the settings on your web browser to either block cookies sent from the Site, or to disable cookies altogether. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

  1. Security.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. In order to protect your information, Whyzz Publications uses industry-standard security methods such as firewalls. However, as no computer or network-based product exists that can provide “perfect security,” we cannot guarantee that the steps we have taken to secure your information will prevent our systems from being compromised and your information from being disclosed.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the WhyzzExplorer app, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to WhyzzExplorer. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on WhyzzExplorer.

  1. California Privacy Rights

California Civil Code Section § 1798.83 permits users of WhyzzExplorer that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to hello@WhyzzExplorer.com, or write us at: Whyzz Publications LLC, PO Box 818, Bridgehampton, NY 11932

  1. Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you a pop up notification in the app. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: hello@WhyzzExplorer.com or use the contact form in the App or on the WhyzzExplorer website.

Links from WhyzzExplorer

If WhyzzExplorer contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Whyzz Publications has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third party Web site, application, or other software or resource linked to Whyzz, you do so entirely at your own risk and subject to the terms and conditions of use for such Web sites, applications, software, resource, or destination.

Children’s Online Privacy Policy Whyzz Publications is committed to protecting the privacy of children who use our sites and applications. This Children’s Online Privacy Policy explains our information collection, disclosure, and parental consent practices with respect to information provided by children under the age of 13 (“child” or “children”). This policy is intended to be accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”), and outlines our practices in the United States regarding children’s personal information.

The Information We Collect from Children, How We Use It, and How and When we Communicate with the Parents

Whyzz Productions offers to its users a range of Services and Platforms, some of which are targeted at children, and others that are intended for users of all ages and their families. Our Platform and Services offer a variety of activities, including activities that may collect information from children. Below we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent. In any instance that we collect personal information from a child, we will retain that information only so long as reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity, and ensure the security of our users and our services, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will either delete the information or immediately seek the parent’s consent for that collection.

Registration

Children can, in some cases, register with our Platforms and Services to view content, play games, participate in contests, and engage in special features, among other things. During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian’s email address, the child’s first name and gender, the child’s member or account username, and password. We also may ask for birth dates from children to validate their ages. Personal information should never be used in usernames. Please note that children can choose whether to share their information with us, but certain features cannot function without it. As a result, children may not be able to access certain features if required information has not been provided. We will not require a child to provide more information than is reasonably necessary in order to participate in an online activity.

About the collection of parent email address: Consistent with the requirements of COPPA, on any child-targeted site or application, or in any instance where we ask for age and determine the user is age 12 or under, we will ask for a parent or guardian email address before we collect any personal information from the child. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at hello@WhyzzExplorer.com. We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.

Content Generated by a Child

Certain activities on our sites and applications allow children to create or manipulate content and save it with Whyzz Publications. Some of these activities do not require children to provide any personal information and therefore may not result in notice to the parent or require parental consent. If an activity potentially allows a child to insert personal information in their created content, we will either pre-screen the submission to delete any personal information, or we will seek verifiable parental consent by email for the collection. Examples of created content that may include personal information are stories or other open-text fields, allow text or free-hand entry of information. If, in addition to collecting content that includes personal information, Whyzz Publications also plans to post the content publicly or share it with a third party for the third party’s own use, we will obtain a higher level of parental consent.

About Verifiable Parental Consent:

Email Consent. In the event Whyzz Publications wishes to collect personal information from a child, COPPA requires that we first seek a parent or guardian’s consent by email. In the email we will explain what information we are collecting, how we plan to use it, how the parent can provide consent, and how the parent can revoke consent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child in connection with that activity.

High-Level Consent. In the event Whyzz Publications collects personal information from a child that will be posted publicly, we will seek a higher level of consent than email consent. Such “high-level” methods of consent include but are not limited to asking for a credit card or other payment method for verification (with a nominal charge involved), speaking to a trained customer service representative by telephone or video chat, or requiring a signed consent form by mail, email attachment, or fax. After providing high-level consent, a parent may have the opportunity to use a pin or password in future communications as a way to confirm the parent’s identity.

Teacher consent in lieu of a parent. With regard to school-based activities, COPPA allows teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children. Schools should always notify parents about these activities. For more information on parental rights with respect to a child’s educational record under the Family Educational Rights and Privacy Act (FERPA), please visit the FERPA site.

Email Contact with a Child

On occasion, in order to respond to a question or request from a child, Whyzz Publications may need to ask for the child’s online contact information, such as an email address. Whyzz Publications will delete this information immediately after responding to the question or request.

In connection with certain activities or services, we may collect a child’s online contact information, such as an email address, in order to communicate with the child more than once. In such instances we will retain the child’s online contact information to honor the request and for no other purpose such as marketing. One example would be a newsletter that provides occasional about the WhyzzExplorer app or website. Whenever we collect a child’s online contact information for ongoing communications, we will simultaneously require a parent email address in order to notify the parent about the collection and use of the child’s information, as well as to provide the parent an opportunity to prevent further contact with the child. On some occasions a child may be engaged in more than one ongoing communication, and a parent may be required to “opt-out” of each communication individually.

Push Notifications

Push notifications are notifications on mobile and other devices that are typically associated with downloaded applications, and which can communicate to the device holder even when the application is not in use. We will require a child to provide a parent email address before the child can receive push notifications from our child-directed applications that collect a device identifier. We will then provide the parent with notice of our contact with the child and will provide the parent the opportunity to prevent further notifications. Finally, we will not associate the device identifier with other personal information without contacting the parent to get consent.

Geolocation Data

If a child-directed Whyzz Publications site or application collects geolocation information that is specific enough to equate to the collection of a street address, we will first seek parental consent via email.

Persistent Identifiers

When children interact with us, certain information may automatically be collected, both to make our sites and applications more interesting and useful to children and for various purposes related to our business. Examples include the type of computer operating system, the child’s IP address or mobile device identifier, the web browser, the frequency with which the child visits various parts of our sites or applications, and information regarding the online or mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers (which we define under the “Online Tracking Technologies” section of our general Privacy Policy). This information may be collected by Whyzz Publications or by a third party. This data is principally used for internal purposes only, in order to:

·        provide children with access to features and activities on our sites and applications

·        customize content and improve our sites and applications

·        conduct research and analysis to address the performance of our sites and applications

·        generate anonymous reporting for use by Whyzz Publications

In the event we collect (or allow others to collect) such information from children on our sites and applications for other purposes, we will notify parents and obtain consent prior to such collection.

Visit the Third-Party Operators page to see the list of third-party operators who collect persistent identifiers on our sites and applications.

Please contact us at the mailing or email address below with questions about the operators’ privacy policies and collection and use practices:

When Information Collected from Children is Available to Others.

In addition to those rare instances where a child’s personal information is posted publicly (after receiving high-level parental consent), we also may share or disclose personal information collected from children in a limited number of instances, including the following:

·        We may share information with our service providers if necessary for them to perform a business, professional, or technology support function for us.

·        We may disclose personal information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (i) in response to a law enforcement or public agency’s (including schools or children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our sites or applications; (iii) to protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or (iv) enable us to take precautions against liability.

Parental Controls

At any time, parents can refuse to permit us to collect further personal information from their children in association with a particular account, and can request that we delete from our records the personal information we have collected in connection with that account. Please keep in mind that a request to delete records may lead to a termination of an account, membership, or other service.

Where a child has registered for an account, we use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their children:

1.        Parents can request access to and delete their child’s personal information by logging on to the child’s account. Parents will need their child’s username and password. The home page explains how to recover a password if the child cannot recall it.

2.        Parents can contact customer support to request access to, change, or delete their child’s personal information by sending an email to us at hello@WhyzzExplorer.com. A valid request to delete personal information will be accommodated within a reasonable time.

GDPR Data Privacy Statement

 FOR RESIDENTS OF THE EUROPEAN UNION ONLY.

We endeavor to ensure that any personal data we collect about you will be held and processed strictly in accordance with the Data Protection Act of 1998 (DPA) and the European General Data Protection Regulation (GDPR).  Terms with meanings under GDPR are identified here: 

 (i)        “controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by EU or other applicable law, the controller or the specific criteria for its nomination may be provided for by EU or other applicable law.  We are considered a “Data Controller”.  Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

 (ii)       We utilize “Data Processors (or Service Providers)” Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

 (iii)      You, or any User, would be considered a “Data Subject”.  A Data Subject is any living individual who is the subject of Personal Data.

 (iv)      “personal data” means any information relating to a data subject, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 (vi)      “processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 (vii) “recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with EU or other applicable law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

 Legal Basis

We process Personal Data based on at least one of the following statutory sources:

-       Permission of the data subject to the processing of his or her personal data concerning one or more specific purposes

-       Completion of a contract with the data subject or in order to take steps at the request of the data subject prior to entering into a contract

-       Compliance with a legal obligation we are subject to

-       Protection of the vital interests of the data subject or of another natural person

-       Protection of our legitimate interests or those legitimate interests of a third party

The respective legal basis of individual processing operations is referred to below in this Data Privacy Statement within this Privacy Policy.

 Disclosure of personal data to recipients

We only share personal data with recipients (processors of personal data or other third parties) to the extent necessary and only under one of the following conditions:

 -         Permission of the data subject to the transfer of his personal data;

-         The transfer is necessary for the fulfillment of contractual obligations or in order to take steps at the request of the data subject prior to entering into a contract;

-         We are legally obligated to transfer the data;

-         The disclosure is based on our legitimate interests or those legitimate interests of a third party.

 Under European data protection law, in certain circumstances, you have the right to:

1.        request access to your personal information;
2.        request correction of your personal information;
3.        request erasure of your personal information;
4.        object to processing of your personal information;
5.        request restriction of processing your personal
information;
6.        request transfer of your personal information; and
7.        withdraw your consent.

 In addition, you have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes.

You can exercise any of these rights by contacting us as follows:

Email: Hello@WhyzzExplorer.com    
Write: Whyzz LLC, PO Box 818, Bridgehampton, NY 11932

If you believe that we have not complied with its obligations under this Privacy Policy or European law, you have the right to make a complaint to an EU Data Protection Authority.