LAST UPDATED: JANUARY   , 2024

IMPORTANT:

–  WELCOME TO WYZLY! WE OFFER A UNIQUE ONLINE PORTAL AND APP THAT FACILITATES RESERVING AND PURCHASING SURPLUS FOOD AND OTHER PRODUCTS. BY CONNECTING CONSUMERS DIRECTLY WITH RESTAURANTS AND RETAILERS, WE PROVIDE AN INNOVATIVE SOLUTION TO ACCESS DISCOUNTED SURPLUS INVENTORY, ENCOURAGING SUSTAINABLE CONSUMPTION AND SIGNIFICANTLY REDUCING WASTE. OUR SERVICE OFFERS GREAT DEALS FOR OUR USERS. IT SUPPORTS OUR PARTNERS IN MINIMIZING EXCESS, ALIGNING PERFECTLY WITH ECO-FRIENDLY PRACTICES, AND CONTRIBUTING TO A MORE SUSTAINABLE FUTURE FOR EVERYONE INVOLVED.

–  WYZLY WEBSITES AND MOBILE PROPERTIES LOCATED AT [HTTPS://WYZLY.CO] AND ITS PRODUCTS, RELATED SOFTWARE APPLICATIONS (SOMETIMES REFERRED TO AS “APPS”), DATA, SMS, APIs, EMAIL, CHAT AND TELEPHONE CORRESPONDENCE, BUTTONS, WIDGETS AND ADs (COLLECTIVELY, ALL OF THESE ITEMS MAY BE REFERRED TO HEREIN AS THE “SERVICES” OR “WYZLY SERVICES”; MORE GENERALLY, THE WYZLY WEBSITES AND MOBILE PROPERTIES SHALL HEREINAFTER BE REFERRED TO HEREIN AS THE “WEBSITES”).

–  THIS PRIVACY NOTICE (THIS “NOTICE”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR” OR “YOURSELF”) AND WYZLY. THE TERMS “WE,” “OUR,” “US” OR “WYZLY” IN THIS TERMS REFER TO WYZLY INC., A DELAWARE CORPORATION, AND THIS TERMS GOVERNS YOUR USE OF THE “SERVICES.”

–  OUR DIGITAL OPERATIONS ARE CONDUCTED, IN WHOLE OR IN PART, IN THE UNITED STATES, AND ARE SUBJECT TO THE LAWS OF THE STATE OF DELAWARE, INCLUDING THOSE GOVERNING PRIVACY AND DATA SECURITY, AND WE WILL PROTECT YOUR INFORMATION AS DESCRIBED IN THIS NOTICE. REGARDLESS OF WHERE YOU LIVE, YOU CONSENT TO HAVE YOUR PERSONAL DATA TRANSFERRED, PROCESSED AND STORED OUTSIDE OF THE COUNTRY WHERE YOU ARE LOCATED, AND ALLOW WYZLY TO USE AND COLLECT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS NOTICE. CERTAIN COUNTRIES MAY NOT HAVE THE SAME DATA PROTECTION LAWS AS THE COUNTRY IN WHICH YOU ARE LOCATED, AND SUCH INFORMATION MAY BE AVAILABLE TO GOVERNMENT AUTHORITIES UNDER LAWFUL ORDERS AND AS APPLICABLE IN SUCH FOREIGN JURISDICTIONS. YOU CONSENT TO ANY SUCH CROSS-BORDER TRANSFER OF YOUR PERSONAL INFORMATION.

–  IF YOU ARE IN THE EUROPEAN UNION (“EU”), PLEASE PAY PARTICULAR ATTENTION TO THE INFORMATION FOR EU USERS IN SECTION 7 BELOW. IF YOU ARE IN ONE OF THE STATES OF CALIFORNIA, COLORADO, CONNECTICUT, NEVADA, UTAH, OR VIRGINIA, PLEASE PAY PARTICULAR ATTENTION TO THE INFORMATION IN SECTION 8 BELOW.

–  IF YOU DO NOT AGREE TO THIS NOTICE, PLEASE STOP USING OUR SERVICES. WE WILL POST ANY MODIFICATIONS OR CHANGES TO THIS NOTICE ON THE WEBSITES. WE RESERVE THE RIGHT TO MODIFY THIS NOTICE AT ANY TIME, SO WE ENCOURAGE YOU TO REVIEW IT FREQUENTLY. IF WE MAKE A MATERIAL CHANGE TO THIS NOTICE, WE WILL NOTIFY YOU BY EMAIL OR BY MEANS OF A NOTICE ON OUR WEBSITES OR VIA PUSH NOTIFICATIONS WITHIN OUR MOBILE APPLICATIONS PRIOR TO THE CHANGES TAKING EFFECT, IN ACCORDANCE WITH ANY APPLICABLE LEGAL OBLIGATIONS. YOUR CONTINUED USE OF THE WYZLY SERVICES SIGNIFIES YOUR ACCEPTANCE OF OUR MODIFIED NOTICE. WE REGULARLY UPDATE OUR APPS AND WEBSITES TO MAKE IMPROVEMENTS, INCLUDING IMPROVEMENTS THAT BETTER SERVE YOUR PRIVACY RIGHTS. TO ENSURE THAT THIS PRIVACY POLICY ACCURATELY REFLECTS YOUR USE OF THE WYZLY SERVICES, YOU WILL NEED TO ENSURE THAT YOU ARE USING THE MOST RECENT RELEASE OF OUR APPS AND WEBSITES.

1.     COLLECTION OF INFORMATION

Depending on how you interact with Wyzly, we process different kinds of information in different ways. Some information is automatically processed if you visit our Websites or use the Services. Other information is only processed if you actively submit it to WYZLY (like using our web forms to get in touch with us or uploading content to our Websites).

A.    PERSONAL INFORMATION WE MAY COLLECT

1)     In order for you to use the Wyzly Services, we may require you to provide us with information that identifies you as an individual (“Personal Information”).

2)     We may collect Personal Information from you that includes, but is not limited to: (i) your name and your contact data (such as your email address, phone number, billing and physical addresses, and your application login and password); (ii) demographic data (such as your gender, your date of birth and your zip code); (iii) profile and account information, which includes your social media information and other information; (iv) location information of your device that you use with the Apps, provided that your device settings allow Wyzly to collect such location information; (v) sensitive personal information (such as racial or ethnic origin; biometrics; union membership; state ID; contents of messages when we are not the recipient; as well as protected health information, personal health information, PHI(Protected Health Information), EPHI(Electronic Protected Health Information), and similar data protected by health privacy laws; and other health information generally) (vi) biometric information (such as image, keystrokes, behavioral or biological characteristics), (vii) payment information (such as credit card numbers, financial account information, and other payment details) and (viii) device and browsing information, including information about your phone, tablet or other device, and online browsing activity. This may also include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and wireless service provider information. We may also collect information about how and when you access the Apps, including the date, time, and duration of each visit to the Apps and what actions you take on the Apps.

3)     If you communicate with us by, for example, email or letter, any information provided in such communication may be collected as Personal Information.

B.     HOW WE MAY COLLECT PERSONAL INFORMATION

1)     You may choose to provide us with your personal information to receive certain services. You agree to let us use and share the Personal Information you submit for the purposes described in this Notice or otherwise consented to by you, including providing and customizing services, conducting our business (including for internal business operations, analytics, and providing, developing, change, market or optimize our services and products), and to communicate and market to you directly or via third parties.

2)     You provide your Personal Information: (i) when you register for an account, make a purchase, interact with our customer service, chat using the Apps chat function, respond to a survey or otherwise; (ii) automatically from mobile devices, such as information about the location of your mobile device; (iii) through third-parties, such as service providers that we use, hospitals, universities, healthcare organizations, associations, analytics companies, advertising networks, demographic companies, and other third parties that we work with; (iv) we may use Google Analytics to collect and review user data; (v) we use cookies and third-party affiliates such as Google Analytics, will also implement cookies to collect information about users’ activity on the Services; (vi) we may include links to third-party websites or apps that are not affiliated with Wyzly, or such third-party services may link to the Services.

3)     We use and disclose this information only in accordance with your express authorization, which we request from you through a separate document when you sign up to use the Services.

4)     When you use the Services, we may collect certain information about you and your device automatically through the use of cookies, web beacons, and similar technologies. A “cookie” is a small data file sent from a website and stored on your device to identify your device in the future and allow for an enhanced personalized user experience. A “session cookie” disappears after you close your web browser or may expire after a fixed period of time. A “persistent cookie” remains after you close your web browser and may be accessed every time you use our Services. We may use both session and persistent cookies. You should consult your web browser to modify your cookie settings. We may also use Local Shared Objects (sometimes referred to as “Flash Cookies”), which are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. By using the Services, you consent to our use of cookies and similar technologies.

5)     We may also receive information about you from other sources, including through third-party services and organizations. We may combine our first-party data, such as your email address or name, with third-party data from other sources to contact you (e.g., through direct mail). For example, if you access third-party services, such as Facebook, Google, or Twitter, to log in to the Services or to share information about your experience on the Services with others, we may collect information from these third-party services.

C.    NON-PERSONAL INFORMATION WE MAY COLLECT

“Non-Personal Information” is any information that does not reveal your specific identity. We may collect Non-Personal Information in a variety of ways, including:

1)     Through your device: Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, device identifier, language, and the name and version of the software application you are using. We use this information to ensure that the Services function properly and to understand usage of the Services. If you give us your consent, we may collect information about the physical location of your device, for example, using your device’s GPS functionality.  We may use such information to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. You will be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.

2)     Through other devices: Certain information may also be collected automatically through devices that are linked or paired to the Services.

3)     Through server log files: Your “IP Address” is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Apps, along with the time of the use and the pages visited within the Apps. We use IP Addresses for purposes such as helping to calculate App usage levels, diagnose server problems, and administer the Services.

4)     Physical location: If you give us your consent, we may collect information about the physical location of your device, for example, using your device’s GPS functionality. We may use such information to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. You will be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.

5)     From you: We may collect Non-Personal Information, such as your general geographic location, as well as other information, such as your preferred means of communication when you voluntarily provide such information to Wyzly. Unless combined with Personal Information, this information does not personally identify you or any other user of the Services.

6)     By de-identifying information: “Aggregated Personal Information” is information that is derived from Personal Information that does not personally identify you or any other user of the Apps. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code or a zip code.

2.     USE AND DISCLOSE OF INFORMATION

A.    HOW WE MAY USE PERSONAL INFORMATION

We and our third-party service providers may use Personal Information:

1)     To provide products and services in connection with fulfilling orders, processing payments, maintaining user profiles, and suggesting products we think you might be interested in;

2)     To respond to you when you contact customer service, request information or assistance, complete a survey, share comments on the Apps, and enter and/or win sweepstakes and giveaways;

3)     For analytics, to understand how you use our Websites and Apps and to improve, customize, and market our services and content, and for other business purposes;

4)     For lawful business purposes, such as to operate and improve upon our business, to maintain our accounts and records, to communicate with you in order to determine your satisfaction with the Services, to detect and prevent fraud and misuse of the Services, and for any other business purpose that are permitted by law;

5)     To provide you with customized content, targeted offers, promotions, and advertising on the Services, through other third-party sites or apps, or via email, text messages, or push notifications offered by Wyzly or other partners that might be of interest to you, including sending you information and newsletters from Wyzly or one of our partners and sending you occasional customer surveys for the purpose of improving our services offerings to you;

6)     To protect the security or integrity of the Services and our business, including by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure;

7)     To further our business purposes, such as quality assessment, data analysis, audits, developing new products, improving the Services, identifying usage trends to inform members of our community which might be useful to them, and determining the effectiveness of our promotional campaigns; and

8)     To act as we believe to be necessary or appropriate: (i) under applicable law; (ii) to comply with legal process; (iii) to respond to requests from public or government authorities; (iv) to enforce our Terms of Service; (v) to protect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (vii) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (viii) to allow us to pursue available remedies or limit the damages that we may sustain.

B.     HOW WE MAY DISCLOSE PERSONAL INFORMATION

Your Personal Information may be disclosed to:

1)     Our third-party service providers provide services such as hosting of the application, data analysis, IT services and infrastructure, customer service, mail delivery, auditing, and other similar services;

2)     Providers to schedule and fulfill appointments and provide healthcare services and confirm those services were delivered to you;

3)     Our affiliates, for the purposes described for Personal Information in this Notice, including marketing purposes relating to their products and services;

4)     Third parties, to permit them to send marketing communications to you regarding the Services;

5)     A third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceeding); and

6)     A third party as we believe to be necessary or appropriate: (i) under applicable law; (ii) to comply with legal process; (iii) to respond to requests from public or government authorities; (iv) to enforce our Terms of Service; (v) to protect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (vii) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in the care of your location and condition; or (viii) to allow Wyzly to pursue available remedies or limit the damages that we may sustain.

C.    HOW WE MAY USE AND DISCLOSE NON-PERSONAL INFORMATION

1)     Because Non-Personal Information does not personally identify you, we may use and disclose Non-Personal Information for any purpose.

2)     We may share, disclose, or sell non-identifiable aggregate or anonymous information with our affiliates, agents, service providers, business partners, or any other third parties for their marketing or analytics uses or for other lawful purposes. This non-identifiable and aggregate information cannot be used to identify you personally.

3)     If we combine any Non-Personal Information with Personal Information, the combined information will be treated by Wyzly as Personal Information as long as it is so combined.

3.     SHARING PERSONAL INFORMATION WITH THIRD PARTIES

We treat your personal information with care and confidentiality and will only pass it on to third parties to the extent described below and not beyond. We do not share, sell, rent, or trade Personal Information with third parties for any promotional purposes. Where our affiliates, resellers, or service providers process Personal Information, they will do so solely on our instructions and have undertaken to comply with strict contractual requirements for the security of your data (including, but not limited to, complying with this Notice).

A.    Internal

Personal information is shared for our legitimate business purposes, such as managing our relationship with you and other external parties, compliance programs, or systems and network security. We do this to improve efficiency, for cost savings, and internal collaboration between our subsidiaries. Our internal access to personal information is restricted and granted only on a need-to-know basis. Sharing of this information is subject to the appropriate intra-WYZLY arrangements, our policies, and security standards.

B.     Service Providers, Contractors, and Agents

We share your data with third-party companies who perform services on our behalf, like payment processing, fraud, and abuse prevention, data analysis, marketing, and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service. (All data categories)

Specifically, we may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g., payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors, whose use of your personal information is governed by their privacy policies. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

C.    Our Affiliates

We may share your data within our corporate family of companies that are related by common ownership or control to enable or support us in providing the Services. (All data categories)

D.    Analytics and Data Enrichment Services

As part of our use of third-party analytics tools like Google Analytics and data enrichment services, we share certain contact information or de-identified data. De-identified data means data where we have removed things like your name and email address and replaced them with a token ID. This allows these providers to provide analytics services or match your data with publicly available database information (including contact and social information from other sources). We do this to communicate with you in a more effective and customized manner. (Account Data; System Data; Usage Data; Cookie Data)

E.     Power Social Media Features

The social media features in the Services (like the Facebook Like button) may allow the third-party social media provider to collect things like your IP address and which page of the Services you are visiting and to set a cookie to enable the feature. Your interactions with these features are governed by the third-party’s privacy notice. (System Data; Usage Data; Cookie Data)

F.     Administer Promotions and Surveys

We may share your data as necessary to administer, market, or sponsor promotions and surveys you choose to participate in, as required by applicable law (like to provide a winners list or make required filings), or in accordance with the rules of the promotion or survey. (Account Data; Sweepstakes, Promotions, and Surveys)

G.    Advertising

If we decide to use an advertising-supported revenue model in the future, we may use and share certain System Data and Usage Data with third-party advertisers and networks to show general demographic and preference information among our users. We may also allow advertisers to collect data and use this data to offer you targeted ad delivery to personalize your user experience (through behavioral advertising) and to undertake web analytics. Advertisers may also share with us the data they collect about you.

H.    Security and Legal Compliance

We may disclose your data (all data categories) to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:

1)     Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;

2)     Reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request;

3)     Reasonably necessary to enforce our Terms of Service, this Notice, and other legal agreements;

4)     Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues;

5)     Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of WYZLY, our users, employees, members of the public, or the Services;

6)     We may also disclose data about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Notice; or

7)     Required or permitted by law.

I.      During a Change in Control

If we undergo a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may share, disclose, or transfer all of your data to the successor organization during such transition or in contemplation of a transition (including during due diligence). (All data categories)

J.     With Your Permission

With your consent, we may share data with third parties outside the scope of this Notice. (All data categories)

4.     FACILITATING INTERNATIONAL TRANSFERS

A.    When visiting the Websites, you acknowledge and agree your information may be transferred to or accessed by our subsidiaries and third parties in the U.S. and around the world. By providing your Personal Information, you consent to any transfer and processing in accordance with this Notice. 

B.     We comply with laws on the transfer of personal information between countries to keep your Personal Information protected, wherever it may be. Where information is transferred outside the EEA to a country that is not subject to an adequacy decision by the EU Commission, data is adequately protected by EU Commission-approved standard contractual clauses.

C.    By choosing to visit the Websites, utilize the Services, or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Notice will be governed by the law of the State of California, and the adjudication of any disputes arising in connection with Wyzly or our Websites will be in accordance with the terms.

5.     TIMEFRAME FOR KEEPING INFORMATION

A.    We process and store your Personal Information as long as necessary for the fulfillment of our contractual or legal obligations.  Thus, we store the data as long as our contractual relationship with you, as our customer, obliges Wyzly to do so.  

B.     After the termination of our contractual relationship, we will store Personal Information only to the extent and for as long as applicable law requires. All other data will be deleted immediately when you, as a customer, unsubscribe from the Service. If the remaining information is no longer required for the fulfillment of legal obligations, it will be regularly deleted unless further processing is necessary for the preservation of evidence or the prevention of legal claims from becoming time-barred.

6.     REVIEWING AND REQUESTING CHANGES TO YOUR INFORMATION

A.    You may update, delete, access, or change your account information by editing your data. While you cannot access or change the non-personal information that we collect, you can review your personal profile on the Apps or Websites and correct or update it by sending a request to [contact@wyzly.co]. You can opt out of marketing or advertising emails by utilizing the “unsubscribe” link or mechanism noted in advertising or marketing emails you receive from Wyzly. You can opt out of push notifications by selecting the appropriate settings directly on your mobile device.

B.     For any questions regarding how to subscribe to or unsubscribe from our emails, newsletters, push notifications, and text messages, please contact us at [contact@wyzly.co]. We are happy to assist you with any of the above.

7.     INFORMATION FOR EU RESIDENTS

You are not legally required to provide us with the Personal Information described in this Notice. Further, the contractual relationship that you might have entered into with us by using the Services does not imply any obligation to provide your Personal Information. However, you might not be able to use the Services to the full extent, or in some cases, you may not be able to use the Services at all if you do not provide Wyzly with certain data or object to the use of this data.

A.    Our Legal Basis for Processing

1)     When processing your Personal Information, we rely on the General Data Protection Regulation (“GDPR”), an EU-wide legal framework for the standardization of data protection. We primarily process data as a controller for the purposes explained above under Sections 1 and 2 of this Notice. These purposes represent our legitimate interests for the purposes of Article 6(1)(f) GDPR. At the same time, some of the Personal Information we process is necessary for us to perform a contract with you or in order to take steps at your request prior to entering into a contract with you. For example, if you express your interest in using one of the Services, such as by filling out a web form, we will process the Personal Information submitted to comply with your request. This may include sharing your Personal Information with one of our authorized resellers, who will then use your Personal Information to complete the purchase transaction.  

2)     We are legally obliged to provide certain information to criminal prosecution or tax authorities in individual cases upon request. In these cases, the legal basis for the processing is either legal requirements (Article 6(1)(c) GDPR) or reasons of public interest (Article 6(1)(e) GDPR). Where we process your Personal Information with your explicit consent, pursuant to Article 6(1)(a) GDPR, this declaration of consent will be the legal basis for processing your Personal Information. 

B.     Transferring Your Data Outside the EU or the EEA

Our principal place of business is in the State of California, U.S.A., which is a “Third Country” under the GDPR.  Third Countries are generally not considered to afford the same level of protection that you enjoy in the EU, but we still provide an adequate level of security for your Personal Information.  We have ensured that our service providers and affiliates have been subjected to strict contractual provisions in their contract with Wyzly to guarantee that an adequate level of data protection for your data is guaranteed.

C.    User Profiles

We use your data for “Profiling.” This means that we use your data to make tailored offers based on your previous behavior as well as to serve you personalized ads. However, we will never process and analyze your Personal Information in the context of Profiling in a way that would lead to an automated decision that has a legal effect on you or significantly impairs you in a similar way.

D.    Your Rights Regarding the Processing of Your Personal Data

1)     As a natural person, you have certain rights as a “Data Subject.” You can assert the following rights against Wyzly under the GDPR:

–  Your right to information and access under Article 15 GDPR;

–  Your right to rectification under Article 16 GDPR;

–  Your right to erasure under Article 17 GDPR;

–  Your right to restriction of processing under Article 18 GDPR; and

–  Your right to data portability under Article 20 GDPR.

2)     You have a right of objection to the competent data protection supervisory authority under Article 77 of GDPR, but only with respect to the data processing we conduct on our own behalf, as a controller. In the event we act as a processor of your data for a third party, you must refer to the entity acting as controller to assert this right. Please note that, where you have granted Wyzly your consent to process certain Personal Information, you are free to withdraw this declaration of consent with future effect at any point in time. This also applies to the withdrawal of declarations of consent issued to us prior to the validity of the GDPR.

E.     Information About Your Right of Objection Under Article 21 of GDPR

1)     Right of objection in individual cases

You have the right, for reasons arising from your particular situation, to object at any time to the processing of Personal Information relating to you, which is processed on the basis of Article 6(1)(e) of GDPR (data processing in the public interest) and Article 6(1)(f) of GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4(4) of GDPR. If you file an objection, we will no longer process your Personal Information unless we can prove compelling grounds for the processing that outweigh your interests, rights, and freedoms, or the processing serves to assert, exercise, or defend legal claims. If we terminate the processing due to your objection, the Websites or the Services may no longer be available to you or only to a limited extent.

2)     The right to object to the processing of data for advertising purposes

You have the right to object at any time to the processing of your Personal Information for the purpose of direct marketing, including any subscription to our newsletters or personalized ads; this also applies to Profiling, insofar as it is associated with such direct marketing. If you object, we will no longer process your Personal Information in the future.

8.     PRIVACY RIGHTS AVAILABLE IN THE UNITED STATES

In the United States, consumer privacy is governed by state laws that provide general consumer privacy rights, as well as federal laws that address specific industries or data uses. This section provides notices of consumer privacy rights available through the state laws of California, Colorado, Connecticut, Nevada, Utah, Virginia, and other states with similar requirements. If you reside in a state offering privacy protections, you may be entitled to some or all of these rights:

A.    Right to Correct

You have the right to request that we correct inaccurate Personal Information about you on our systems. If you become aware that the Personal Information that we hold about you is incorrect, or if your situation changes (e.g., you change address), please inform us and we will update our records.

B.     Right to Delete

You have the right to request that we delete your Personal Information that we collected from you and retained, with certain exceptions. In response to your request, we may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion. If you submit a right-to-deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete. Please note that, as an information repository for third parties, we are not permitted to delete some types of Personal Information.

C.    Right to Access

You may have the right to receive confirmation that we have collected Personal Information about you and copies of the requested pieces of Personal Information in a portable and readily usable format. We may be legally prohibited from disclosing certain pieces of Personal Information, and we may be limited in the number or frequency of requests we must fulfill.

D.    Limited Use and Disclosure of Sensitive Personal Information

We do not seek to collect your sensitive Personal Information, though third parties may use the Services to collect this information about you, or you may choose to input some sensitive Personal Information to the Services. In no case will we use or disclose your sensitive Personal Information for the purpose of inferring characteristics about you. If this ever changes in the future, we will update this Notice and provide you with methods to limit the use and disclosure of sensitive Personal Information.

E.     No Selling or Sharing of Personal Information 

We do not, and will not, sell the Personal Information collected about you or share your Personal Information with third parties for cross-contextual behavioral advertising purposes. We may use data collected from cookies on the Websites or Apps for marketing or retargeting, which may qualify as “sharing” Personal Information under some laws. To opt out of this sharing, adjust your settings on our cookie declaration or cookie banner to opt out of marketing cookies.

F.     No Profiling 

We do not use any form of automated processing of Personal Information to evaluate, analyze, or predict your performance, preferences, choices, or behavior. If this changes in the future, we will update this posting to describe our use of profiling and your options to opt-out.

G.    Right to Disclosure

You may have the right to receive details about the collection and use of your Personal Information via the Services, such as: (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) our business purpose for collecting, using, processing, sharing or selling that Personal Information, as applicable; (iv) the categories of third parties with whom we share that Personal Information; and (v) if we sold or shared your Personal Information under the California Consumer Privacy Act (CCPA), two separate lists stating: (a) sales or sharing, identifying the Personal Information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. Certain laws may limit the number or frequency of requests we must fulfill.

H.    Right to Nondiscrimination

We will not discriminate against you for exercising your privacy rights. For example, unless permitted by law, we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services; (iii) provide you a different level or quality of goods or services; (iv) retaliate against you as an employee, applicant for employment, or independent contractor for exercising your privacy rights; or (v) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under applicable privacy laws.

I.      Right to Disclosure of Marketing Information

California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California residents to request certain disclosures regarding the sharing of personal information with affiliates and/or third parties for marketing purposes. Consumers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information.

J.     Consumer Request

1)     Any customer wishing to exercise a right to access Personal Information held by us must submit a verifiable consumer request. Please note that only an individual who is a resident of California (or the legal guardian of such an individual in the case of a minor child) may make a request under the CCPA. To make such a request, please submit a written request to the following email address specifying that you want a copy of Privacy Rights notice: [contact@wyzly.co].  

2)     We are not responsible for notices that are not labeled or sent properly, or do not have complete information.  Non-affiliated third parties are independent from us and if you wish to receive information about your disclosure choices or stop communications from such third-parties, please contact those non-affiliated third parties directly.

9.     COLLECTING INFORMATION FROM CHILDREN

A.    Our Services are not intended for children under the age of 16. We do not direct the Services to, nor do we knowingly solicit or collect information from anyone who tells us that he or she is under 16 years of age.

B.     If we learn that a child under the age of 16 has provided Personal Information to the Services, we will use reasonable efforts to remove such information from our files. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting Personal Information online without parental permission or from accessing material that is harmful to minors.  

C.    If a parent or guardian becomes aware that their child has provided Wyzly with Personal Information or that we have otherwise inadvertently collected this information, contact us at [contact@wyzly.co], so that we may delete the information from our servers.

10.   CONTACT INFORMATION

To exercise your rights regarding Personal Information (as described above in this Notice), or if you have any questions about this Notice or our privacy practices, please contact us at [contact@wyzly.co].

[End of Privacy Notice]