Effective Date: May 25, 2018
Whispered Brands and its subsidiaries (collectively referred to as “Whispered Brands”, “Company” or “we”) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This privacy policy applies to the following websites, as well as the website you are currently accessing (“Websites”) :
• Whispered Brands: http://whisperedbrands.com
• Kinkaide’s: https://kinkaides.com
• Whisper Advice: https://whisperadvice.com
Amendments to this privacy policy will be posted at this URL and will be effective when posted. Your continued use of any of our websites following the posting of any amendment, modification or change shall constitute your acceptance thereof. By visiting the present website or any of the foregoing websites, you are accepting the practices described in this privacy policy. Unless otherwise stated, Whispered Brands is the data processor (“Data Processor”) for personal data collected through the Websites.
WHAT PERSONAL INFORMATION DO WE GATHER?
-Information such as your name, email address, business address, business telephone number, and other contact details that you voluntarily provide to the Company to set up an account with Whispered Brands, and information you provide directly through fields on the Websites, including information that you add to your profile or you upload or submit to the Websites, or information you provide when requesting information or material to Whispered Brands, along with information provided for any transactions, including details of any transactions made by you through the Websites.
• We receive and store any information you enter on our websites or provide to us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features.
• We may also receive information about you from other sources and add it to your account information. This information might be public information or data you provided with necessary and proper permissions.
• We participate in multiple ad networks. When you visit our websites, these networks place a cookie on your browser. These cookies contain no Personally Identifiable Information (PII). They identify you as a visitor to our website, and allow us or our clients to display relevant advertising to you both on our site, and after you leave our site on ad placements throughout the ad networks’ participating websites. We are not responsible for the use of information obtained or shown to visitors as a result of the data collected by third-party advertisers. To opt out of the targeted advertising provided by Whispered Brands, please visit the National Advertising Initiative opt-out page: http://www.networkadvertising.org/managing/opt_out.asp
• We gather date, time, certain information about a user’s browser and system or device configuration and capabilities, navigation history and IP address for all visitors to our websites.
We use this information for our internal audit log, for trend analysis and system administration, and to gather broad information about our audiences and their geographic locations. Non-personal demographic and profile data is used to tailor your experience at our websites, showing you content we think might be of interest to you. This information may also be shared with advertisers on an aggregate and/or non-personal basis.
• Visitors to Whispered Brands websites should understand that by using these websites, information may be collected about them via cookies placed on their hard drive to enhance or customize the experience. By visiting any of our websites, you give us permission for the use of cookies for this purpose.
• We use cookies and common data collection technologies, including associated web beacons and transparent GIFs associated with cookies, on our newsletters and in our email campaigns to collect information both on an aggregate and individual basis, but we do not disseminate such data to third parties.
HOW WE USE INFORMATION ABOUT YOU
• We use the information that we gather for such purposes as responding to your requests, providing services to you, customizing future visits for you, improving our online store, notifying you of new products and services, conducting market research, and otherwise communicating with you.
• We share customer information with trusted agents and partners who work to perform functions as data processors on our behalf, including data processing, order and publication fulfillment, sending postal mail and e-mail, processing credit card payments, providing customer service, and providing marketing assistance (including direct and targeted marketing). To receive a list of the agents, partners, and contractors assisting the Company in the processing of your information, please send your request to concerns@whisperedbrands.com. This list may change over time and will be updated.
• We may send offers on behalf of our carefully selected business partners, or you may receive offers directly from our business partners in accordance with applicable electronic communications laws, such as the Canadian Anti-Spam Legislation. Our business partners include all of our affiliated companies as well as other selected businesses with which we have a relationship and which have agreed to adhere to our strict standards for providing quality products and services, responding to your needs, and protecting customer information. Keep in mind that if you take advantage of an offer from an Whispered Brands business partner and become their customer, they may independently wish to send offers to you. In this case, you will need to inform them separately if you wish to decline receiving future offers from them.
• Due to the technology behind our websites, your personal information may also be shared with designated IT service providers for the purpose of operation of the websites or in order to reduce the number of registrations you need to make on our websites. This is an effort to make use of our websites more convenient for you.
• We may use your IP Address to help diagnose problems with our server, and to administer our Websites. We may also use your IP Address to help identify possible misuse or misappropriation of passwords and members-only access.
• We use your information to enhance your website experience, including member-only content or discounts, and to deliver or display personalized content that matches your professional goals and responsibilities.
• We use your information to contact you, either by online electronic communication (such as e-mail) in accordance with applicable electronic communications laws, such as the Canadian Anti-Spam Legislation, or by regular mail or telephone, including to offer you opportunities to connect directly with your peers and with sellers of products or services that may be of interest to you.
• We may also invite you to join our communities via third-party social and professional networking sites.
• We may use your information for any other purpose that we tell you about when you give us the information or to which you consent.
• We release customer information when we believe release is appropriate to comply with law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of the Company, our users, or others.
• In the event of a sale of all or part of one of our businesses, we may share customer information related to that business as part of the transaction.
TRANSFER OF INFORMATION OVERSEAS
You have the right to know if and where your information may be transferred. This section provides information on the transfers of your information by Whispered Brands.
The personal information about you that we collect is sent to and stored on secure servers or systems of the third-party services providers that we use, where applicable. These systems may also include backups of your information. Such storage is necessary in order to process the information.
Personal information we collect may be transferred by us to the third parties mentioned in the circumstances above (See How We Use Information About You), which may be situated outside the European Economic Area (“EEA”) and may be processed outside the EEA. We comply with all U.S., Canadian and European Union laws related to the protection of personal information and data privacy.
Standard Contractual Clauses
We take all steps reasonably necessary to ensure that personal information transferred is subject to appropriate safeguards, such as relying on recognized legal adequacy mechanism which may include entering into EU-approved standard contractual clauses relevant to transfers of personal information (see http://ec.europa.eu/justice/dataprotection/internationaltransfers/transfer/index_en.html) and that is treated securely and in accordance with this Privacy Policy,
SECURITY
The security of your information is important to Whispered Brands. This section describes the types of measures Whispered Brands has in place to protect your information.
-We have appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access and maintain the security of the information we collect. These safeguards vary based on the sensitivity of the information that we collect and store. We have implemented procedures designed to limit the disclosure of your information only to designated staff as necessary to carry out the stated purposes we have conveyed to you.
-The transmission of information via the Internet is not completely secure. Hence, we cannot guarantee the security of your data transmitted to the Websites and any transmission is at your own risk. Once we receive your information, we will use strict procedures and security features to try and prevent unauthorized access.
RETENTION
This section explains how long we will retain your personal information and the reasons for its retention.
-We will keep your information as long as it remains necessary for the identified purpose(s) for which it was originally collected, or as otherwise permitted by law. Examples include but are not limited to, mandatory data retention laws in the relevant jurisdiction; government orders to preserve data pursuant to an investigation; or data that must be retained in the event of litigation.
YOUR RIGHTS
This section details your rights in connection with your personal information.
Where applicable under local laws, You may, in accordance with such applicable laws, ask Whispered Brands to:
-Access to all of the personal information about you held by the Company. On request, We will provide you with access or a copy of this information. Under certain circumstances, we reserve the right to charge a reasonable fee in consideration of the administrative costs of providing the information you requested. You may exercise your right to access your personal information by emailing Whispered Brands at concerns@whisperedbrands.com. Please be aware that we may require further information from you to confirm your identify prior to providing the information requested.
-Correct, erase, or delete your personal information where appropriate. You may review and update certain user profile information by logging in, as applicable, to the relevant sections of the Websites and where such information may be revised;
-Restrict processing of your personal information while we investigate your concerns.
-Where processing of information is based upon your consent, you have a right to receive your information in a commonly used electronic format or ask that we move the data in that format to another provider where your request relates to the data that you gave us directly and where technically possible (data portability).
-Request that we transmit your data or personal information to another company; and
-Withdraw your consent at any time when the processing relies upon consent.
E-COMMERCE TRANSACTIONS
Payment information that is collected by us and/or our payment processor is used to check your purchasing qualifications and to bill you for products and services. When you place an order online with us, your personal details and credit card information are scrambled using industry-standard SSL (Secure Sockets Layer) encryption technology before being sent over the Internet. Although we cannot guarantee encryption or the privacy of your personal details and credit card information, SSL makes it very difficult for your information to be stolen or intercepted while being transferred. Our credit card transactions are processed by several companies. All information sent to those companies is encrypted, which will protect it against disclosure to third parties. When we receive your order, it is kept encrypted until our credit card processor is ready to process it. When you conduct a transaction with a third party to whom you are linked from one of our websites, you should review such vendor’s policy regarding e-commerce transactions on their website. Whispered Brands is not responsible for products and services transactions that are consummated at third party websites.
PUBLIC FORUMS
Our Websites may make public chat rooms, forums, message boards, and/or news groups available to you from time to time. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose any personal information.
WHAT CHOICES DO I HAVE?
• Connecting directly with other companies for marketing purposes. In addition to providing you with our own editorial content, we offer you the opportunity to access others’ branded content and product information. When you choose to take advantage of that content or information, you choose to have your name and contact details transferred directly to that other company. In such cases, we will, in accordance with applicable electronic communications laws, such as the Canadian Anti-Spam Legislation, provide your contact information to another company or companies when you choose to:
• Sign-in to one of our online properties to access registration-required, or “gated” content. Access to gated resources provided or sponsored by another company is contingent on your agreement that your contact details may be shared with the other company. We may track your interest in that company’s content or our own content over time and disclose your ongoing interest to that company;
• Register for a specific webcast, online event, website, newsletter, or other offering which is sponsored or co-sponsored by another company or companies;
• Attend one of our face-to-face events. Exhibitors may be given an attendance list for the event. A sponsor of a special, sponsored conference session will also be given information about you if you choose to attend that company’s session. Your future interaction with online content from an exhibitor or sponsor to whom you provided your contact data may also be tracked and disclosed to that exhibitor or sponsor.
• Receiving email marketing messages from us. You may opt-out of our email marketing lists by following the directions at the bottom of our promotional emails and newsletters. Please note that we have a number of brands and promotional email vehicles and allow you to opt-out selectively. From select websites, you may also view and modify all of your email preferences using your preferences page available on each website. In Canada, such email marketing messages are only transmitted in accordance with the Canadian Anti-Spam Legislation. To remove a specific email address from all email marketing from the Company, you may also send a request to concerns@whisperedbrands.com..
• Whether your account information is up to date. Please help us keep your account information up to date. You may manage or update your online registration and print subscriptions by following the link to your preference page after you have logged on to any Whispered Brands website.
• Participation in Ad Networks. If you do not want to view targeted advertisements on our site or through our participating ad networks, please opt out at http://www.networkadvertising.org/managing/opt_out.asp.
• Forward to a Colleague: While visiting our websites or reading our newsletters and promotional emails you may choose to use the “Forward to a Colleague” tool which allows you to inform a colleague about content of interest to you. The information you provide will be used to send a one-time email to your colleague, inviting them to our website(s). We will not add your colleague to a mailing list and will not send them further email unless they choose to receive such communications from us. When using the “Forward to a Colleague” tool you are contacting your colleague directly and as such you acknowledge that you are responsible for this correspondence and not the Company. If you provide us with personal information concerning another individual (such as an email address), you represent and warrant that you have obtained all necessary consents from that individual to enable us to use that personal information for the identified purpose.
MORE INFORMATION ABOUT COOKIES
You also have choices about cookies: We place cookies that identify you, or allow third parties to do so on our behalf, for the following purposes:
• To recognize you automatically when you return to a gated website.
• To understand your interests in content, both our own and that of other companies, on our websites.
• To control access to gated online events such as webcasts.
• To provide automatic access to our gated content via email communications sent directly to you.
You may use the tools in your browser to decline, disable, or delete any cookies.
If you decline, disable, or delete the session cookie for one of our gated websites you may remain on the website but you will not be able to access or download any gated content or access your personalized online preferences page. You must also accept the session cookie used to manage access to registration-only online events for the duration of your participation.
HOW SECURE IS INFORMATION ABOUT ME?
The security of your information is important to Whispered Brands. This section describes the types of measures Whispered Brands has in place to protect your information.
We take appropriate and industry-standard administrative, technical, and physical measures to protect your personal information against unauthorized access, alteration, disclosure or destruction. These safeguards vary based on the sensitivity of the information that we collect and store. We have implemented procedures designed to limit the disclosure of your information only to designated staff as necessary to carry out the stated purposes we have conveyed to you.
While we do work hard to protect your privacy, no method of security is 100% effective and the transmission of information via the Internet is not completely secure. Hence wa cannot guarantee the security of your data transmitted to the Websites and any transmission is at your own risk. We cannot be responsible for the actions of those who may gain unauthorized access to your personal information.
Whispered Brands makes no warranties, express, implied or otherwise as to the ultimate effectiveness of these measures. You remain responsible for protecting your sign-in credentials and for the security of information in transit to us over the Internet.
We also take reasonable and appropriate steps to ensure that your personal information is accurate, complete, and current; however, we depend upon you to update or correct your information whenever necessary.
• We work to protect the security of your financial information during e-commerce transmissions by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We reveal only the nameplate of your credit card (Visa, MasterCard, American Express) when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company or payment processor during order processing.
CONTESTS AND SWEEPSTAKES
When we run a contest or sweepstakes relating to our websites, it will be accompanied by a set of rules. The rules, available in every applicable email invitation and/or entry webpage for each contest or sweepstakes, specify how the information gathered from you for entry will be used and disclosed (if it is different than as described in this privacy policy). In conjunction with your entry in such contest or sweepstakes, personally identifiable information will be collected only if you voluntarily submit it.
CONDITIONS OF USE, NOTICES, AND REVISIONS
If you choose to visit Whispered Brands’s website(s), your visit and any dispute over privacy is subject to this privacy policy and our terms and conditions of service, separately available on all of our websites, including limitations on damages, arbitration of disputes, and application of appropriate laws. If you have any concern about privacy at Whispered Brands’s website(s), please email a thorough description to us at concerns@whisperedbrands.com, and we will try to resolve it. Our industry changes constantly. This privacy policy and our terms and conditions of service will change also, and use of information that we gather now is subject to the privacy policy in effect at the time of use.
CHILDREN’S GUIDELINES
Our products, services, events, and offerings are directed to adults only. No one under the age of 18 is eligible to use our websites and should not provide any personal information. As a practice, we do not knowingly collect personally identifiable information from children under 18. In the event that we learn that we have collected information from a child under the age of 18 without verification of parental consent, we will promptly delete this information from our database.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits customers of Whispered Brands who are California residents to request certain information regarding its disclosure of their personally identifiable information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to concerns@whisperedbrands.com specifying that you seek your “California Customer Choice Notice.” Please allow thirty days for a response.
UPDATES
We will update this Privacy Policy when necessary to reflect customer feedback and changes in the Websites. When Whispered Brands posts changes, we will revise the “Effective Date” at the top of the Privacy Policy. If there are material changes in how we use your personal data, We will notify you directly by prominently posting such changes on the Websites or directly sending you a notification.
CONTACTING US
If you have any questions about this privacy policy, the practices of Whispered Brands with respect to personal information, or your dealings with our web properties, you may email client services at concerns@whisperedbrands.com, call us at 773-992-4450, or write to:
Whispered Brands Client Services
Attn.: Privacy Statement
425 Washington ST #269
Claremont NH 03743
Tel: 1-877-994-4773
Fax: 603-259-4569