WhosHere, Inc EM Privacy Policy

The EM application (collectively, "EM" and "EMwith.ME") and associated Internet-based services that provide the specific functionality of the application are operated by WhosHere, Inc. ("WhosHere," "us" or "we").

This Privacy Policy describes the policies and practices of WhosHere regarding our collection of information from users of EM, and it also describes how we use and disclose such information.　 WhosHere has published this Privacy Policy so that consumers are informed about its privacy practices. Unless otherwise defined herein, capitalized terms shall have the meanings assigned to such terms set forth in the EM End User License Agreement (the "Agreement"), which is available for review within the EM application itself, or by clicking here.

Certain Definitions

Personal Information" is information about you that is personally identifiable to you.

Anonymous Information" means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons. We collect and use Personal Information and Anonymous Information as described in this Privacy Policy.

User Consent

By using EM, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy.

If you are a user who resides outside the United States, you understand that your Personal Information may be processed in countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country.

Personal Information You Voluntarily Provide to Us

When you access or use EM, we may collect Personal Information that you voluntarily give us permission to collect. In order to use EM’s features, it is necessary for us to collect, process and store the information you enter, including Personal Information. For example, when you enter Personal Information into EM using one of its features (e.g., updating your profile, instant messaging, or posting pictures), we will collect any such information you enter. In addition, we will collect, process and store any information from your Mobile Device that you give us permission to access in order to provide the functionality of EM. For example, in order to provide some of the application’s available features, we require access to your Mobile Device’s address book. If you give us permission to access the address book, we will collect names, phone numbers and email addresses from the address book. We collect this to enable all the features available in EM. We will treat all such information in accordance with this Privacy Policy. We do not collect any other information from your address book.

You understand that communications sent by you via the EM application are routed through our servers and may temporarily be stored on those servers only as necessary to provide the functionality of EM to you, to assure quality control, and as necessary to comply with applicable law.

If you contact us by sending us an email, we will collect your email addresses and any information contained in the email you send us. If you provide us feedback, we will collect any information that is contained in your feedback. When you contact us by sending us an instant message, fax, or letter, we will collect your address, fax number, etc. and any information contained therein.

Personal Information Collected via Technology

In order to use EM, you must give permission for certain information to be collected by the application directly from your Mobile Device, including your Internet protocol address, browser type, the type and version of your Mobile Device’s operating system, as well as other information which the operating system may provide in connection with your usage, such as location, "locale" and/or language settings, advertising IDs, and time of communications.

We may also store small data files on your Mobile Device to store certain information about your use of EM. These data files may expire when you close the EM application or may be stored persistently on your Mobile Device so that the EM app may use the data when you next open the app.

Personal Information from Other Sources

We may receive Personal Information about you from other sources, from your Mobile Device provider or carrier with which you have registered, companies who we have partnered with (collectively, "Partners") or other third parties. We may associate this information with the other Personal Information we have collected about you.

Use of Information

We use your Personal Information to provide EM to you, to respond to requests that you make, to improve EM, and to better tailor the features, performance, and support of EM. We may use records of chat sessions for support, training, improvements, and to otherwise enforce the Agreement.

We use the information collected from your address book to deliver your communications (e.g., chats) to the intended recipients and to market EM and related services to persons identified in your address book. By giving us permission to access you address book, you understand that you are expressly granting us permission to use such information for these purposes.

When you provide us with your contact information, we may use your Personal Information to send you electronic newsletters or promotional e-mails, unless you have requested not to receive such promotional communications from us. We may also use your Personal Information to send you EM-related communications, for which you may opt out only if you terminate your account.

Additionally, we may create Anonymous Information derived from Personal Information by excluding information that would otherwise makes the Anonymous Information personally identifiable to you. Generally, we aggregate this information and use it in statistical analysis to help us analyze patterns in the use of EM. This Privacy Policy does not limit our use or disclosure of any Anonymous Information in any way, and we reserve the right to use and disclose Anonymous Information to our Partners, advertisers and other third parties in our discretion.

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information.

Disclosure of Personal Information

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or as otherwise described in this Privacy Policy.

We provide your Personal Information to third party service providers who work on behalf of or with us to provide some of the services and features of EM and to help us communicate with our users. However, these service providers do not have any independent right to share this information (except pursuant to a legal requirement such as a subpoena or warrant).

If you decide to use one of the additional services that are offered by our Partners, we may forward Personal Information to these Partners to enable them to provide the services that you requested. We also provide information to third party advertising companies. Please be aware that the handling of your Personal Information by our Partners or the third party advertising companies is governed by their privacy policies, not ours.

We may share some or all of your Personal Information with our corporate affiliates (e.g., subsidiaries), in which case we will require them to honor this Privacy Policy.

In the event EM goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of EM or its assets may continue to process your Personal Information as set forth in this Privacy Policy.

Law Enforcement Compliance

We may be required by law, or by law enforcement officers acting under the color of law, to record some or all of your communications on or through EM. We may, and you hereby authorize us to, disclose your Personal Information (including your Account Information) and your communications through EM, if required by law or by law enforcement officers acting under the color of law, or if we believe in good faith that such disclosure is necessary to: (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) enforce any agreement we may have entered into with you; (c) to protect or defend the rights, property, or safety of EM, you, other users, or third parties; and (d) assist in an investigation related to any of the foregoing.

Your Choices Regarding Your Personal Information

You are required to decide voluntarily whether to provide or deny permission for our access, collection, use, processing, storage and disclosure of information, as described in this Privacy Policy, when you are installing the EM application. Alternatively, if the operating system of your Mobile Device allows you to indicate the permissions you intend to grant to newly installed apps, you agree that, rather than requiring separate permission upon installation, we may instead follow the permissions you have indicated in those operating system settings. If you do not give us permission to access, collect, use process, store and disclose the required information in accordance with this Privacy Policy, you will not be able to use the EM application.

When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly (please see contact information below).

Despite your indicated email preferences, we may send you administrative emails regarding EM, including, for example, administrative confirmations, and notices of updates to our End User License Agreement or Privacy Policy, if we choose to provide such notices to you in this manner.

You may change any of your profile information by editing it within the available features of of EM. You may request deletion of your Personal Information by contacting us via our support site located at EMwith.ME, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request, only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives.

California law requires us to inform California residents regarding whether our online services, provided via the EM application, include user-configurable functionality permitting users to opt-out of Personal Information collections (sometimes known as "do not track" mechanisms). Unlike software browsers, which may include settings that notify websites regarding users’ preferences, your consent to our privacy practices, as described in this Privacy Policy, is required in order to use EM’s features, and accordingly the EM application does not contain "do not track" settings and is unable to response to any such "do not track" requests from users.

Pursuant to Section 1798.83 of the California Civil Code, residents of California also have the right to request from a business, with whom the California resident has an established business relationship, what types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, please contact us via our support site located at EMwith.ME or by writing to: 950 North Washington Street, Suite 236, Alexandria, Virginia 22314.

We do not maintain responsibility for the manner in which third parties use or further disclose Personal Information collected from you in accordance with this Privacy Policy, after we have disclosed such information to those third parties. If you do not want us to use or disclose Personal Information collected about you in the manners identified in this Privacy Policy, you may not use EM.

Third Party Sites and Content

Our provision of links within EM to websites or other online locations is for your convenience and does not signify our endorsement of such other websites or online locations or their content. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites. We may enable certain third parties to deliver content and ads through EM. These third parties may collect (via tracking technologies like cookies or web beacons) and use Anonymous Information regarding your interaction with the content or ads that they deliver and with which you interact. We do not have access to or control of the tracking technologies that may be placed by these third parties. Third parties do not have access to your Personal Information stored on EM unless you choose to share it with them. This Privacy Policy does not cover the use of tracking technologies by any third party.

Regarding Children

EM is not directed to persons under 13 years of age. We do not intentionally collect personally identifiable information from children under 13 years of age. If we have actual knowledge that a child under 13 years of age has provided us with personally identifiable information, we will expel the account and exercise reasonable efforts to delete such information from our files per our standard data cleanup processes. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at via our support site located at EMwith.ME.

Security

We make reasonable efforts to protect the information collected through EM, but no company, including EM, can fully eliminate security risks connected to handling information collected or transmitted via the Internet. In addition, standard Wi-Fi protocols, EDGE, 3G, 4G, LTE and others are used for transmission of data on EM. You should know that unauthorized persons may attempt to intercept your network communications, and we encourage you to exercise caution when accessing such things as Wi-Fi hotspots.

Contact Us

Should you have any questions or concerns regarding this Privacy Policy, please contact us via our support site located at EMwith.ME.

Privacy Policy Updates

As part of our End User License Agreement, this Privacy Policy is subject to occasional amendment, in accordance with the terms of the Agreement. This Privacy Policy is incorporated into the Agreement. Each version of this Privacy Policy will apply to information collected while it was in place. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy to the EM website and such changes are effective upon posting. You are advised to consult this Privacy Policy regularly for any changes.

This Privacy Policy was last updated March 3, 2015.