WYA MOBILE APPLICATION PRIVACY POLICY

Introduction

WYA, Inc. and its affiliates (“WYA,” “we,” “our,” or “us”) respects your (“you” or “your”) concerns about privacy. This Privacy Policy (“Privacy Policy”) applies to personal information we obtain about you, including on this mobile application (the “Mobile Application”) and/or our website (the “Website,” and together with the Mobile Application, the “App”) and through the software or services that we offer through the App (collectively, the “Services”). We describe the types of personal information we obtain, how we may use the information and the purposes for which we may use it, with whom we may share it and the choices available to you below. We also describe the measures we take to safeguard the information and tell you how to contact us about our privacy practices. Please note that this Privacy Policy is incorporated by reference into WYA’s Terms of Use (the “Terms”). Our Terms can be found here: wyaapp.com/termsandconditions

THE BASICS

“Personal Information” means any information that directly or indirectly identifies you or could be used to identify you. Personal information includes information such as:

WYA is committed to handling your personal information with care and honoring your privacy rights, regardless of where you are located.

Data that does not contain any information that can be used to identify you or has otherwise been anonymized or aggregated is considered “Non-Personal Information.”

“Location Data” is a type of personal information that, when collected and used responsibly, can help you navigate and interact with the physical and digital worlds around you. Location data is collected using various technologies such as the location services of your operating system or browser, sensor data from your device, and other data that may help us understand your precise location.

Most importantly, location data should only be collected when you say it is okay to do so, and you should be able to change your mind at any time. You can control the collection of location data at any time through your device settings. While the exact settings may differ depending on your device, typically, you will be given options that range from never sharing, to being asked to share each time you open an app, to only sharing while using an app, to always sharing. When location data settings are set to “always” (i.e., persistent background location is turned “on”), your device’s location data will be shared with us even if you are not actively using our App.

COLLECTION OF DATA

We may obtain personal information about you in different ways: (1) information you provide to us; (2) information we collect and receive from others; and (3) information we collect when you use the App and/or the Services, i.e., using “cookies” and other technologies to assess how you use the Services.

Information You Provide to Us

We collect personal information when you create an account for our Services, when you consent or opt- in to providing data (e.g., geolocation data or device identifiers for advertising or contact information from people in your contact list to enable you to find friends when using our App) via our App, when you upload content, provide feedback, comments, videos, photos or any other information using the Services, when you publish events, or otherwise engage with interactive portions of our App, or when you contact us for customer support. If you purchase a ticket for a Ticketed Event from us, we may collect information about the type of ticket ordered or purchased, and the date of the order or purchase. Our third-party payment processor service providers may also collect billing information, such as your first and last name, email address, phone number, credit card or debit card number, and billing and shipping addresses. We also may collect personal information when you choose to interact with us or log in via social media platforms or other online platforms (such as Facebook and Google).

Information We Collect or Receive from Others

We may update and supplement personal information that we have collected directly from you with other information that we obtain from third parties. We also may collect information about you from public records and third-party sources of information, including information that you have made public on websites associated with you or on social media platforms and from other third parties, such as third- party analytics or advertising providers. In addition, we may obtain personal information about individuals who are not yet users of our Services. When we associate information that we obtain from third parties with personal information that we have collected under the terms of this Privacy Policy, we will treat the acquired information in the same way we treat that information according to the terms of this Privacy Policy.

 

Information We Collect Automatically

We automatically collect information about how you interact with our Services, such as when you choose to share your location, use our apps, or visit our websites (through cookies, pixels, and similar technologies). This information helps us better understand your use, interactions, and experiences with our Services. You can learn more about our use of these tools in our Cookies and Other Technologies Section.

You can learn more about WYA’s data collection, including categories, examples, and sources, in the chart below:
Category Example Sources
Contact Information Name, email address, phone number, date of birth, address, and contact information from people in your contact list for purposes of finding your friends You Choose to Provide
Security Credentials & Account Data User IDS, passwords, social media username (when account is created using third-party login credentials) and similar information required for authentication and access to the Services You Choose to Provide
Demographic Data Gender, age, country, occupation, educational status, marital status, or other similar information You Choose to Provide and Data From Third Parties
Geolocation Data If you opt-in to sharing your precise or approximate location, we receive data about your location whenever you use the Services. If you opt-in to having background location on in our apps, we will receive location data when the apps are closed or not in use (as permitted by device settings). You Choose to Provide and Automatically Collected
User-Generated Content Data Content uploaded to the App (e.g. pictures, tips, feedback, check-ins, likes, votes) or usage of features to send messages, conduct searches, or share information. You Choose to Provide
Online Activity Data Internet and other electronic network activity data, data regarding your interaction with the App, search words, page views, date and time of interactions. This data may come from cookies, pixels, web beacons, and other technologies. When you access the App through social media logins, depending on your social network account privacy settings, we may receive email address, date of birth, gender, hometown and/or friends. Automatically Collected and Data From Third Parties
Device Data & Identifiers Unique device identifiers (e.g., mobile device identifiers), device model, operating system version, sensor data, language, wireless network, device name, types of mobile apps installed, or other identifiers such as hashed email address. Automatically Collected and Data From Third Parties
Payment/Billing Data Information necessary for processing payments and preventing fraud, including payment card information (e.g., credit/debit card numbers, expiration date, and security code) and other related transaction data. You Choose to Provide

COOKIES AND OTHER TECHNOLOGIES

We use cookies and similar technologies (i.e., web beacons or pixels on our website, in our emails, and identifiers supplied by app platform companies within our apps) to understand your use of our Services; improve your user experience and enable personalized features and content; optimize our advertisements and marketing; and to enable third-party advertising companies to assist us in serving ads specific to your interests across the internet. Cookies are small pieces of data that are stored on your computer, mobile phone or other Internet- connected devices. They are generally used to uniquely identify the visitor’s browser or to store information or settings in the browser. Both websites and HTML emails may also contain other tracking technologies such as web beacons or pixels. A web beacon, also known as an Internet tag, pixel tag or clear GIF, links web pages to servers and may be used to transmit information collected through Cookies back to a web server. We refer to all of these technologies as “Cookies” for purposes of this notice. Below is more detail about the types of Cookies that we use:

You may restrict or disable the use of Cookies through your web browser, although doing so may prevent you from using the full features of the Services. Each type of web browser offers ways to restrict and delete Cookies. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device or browsers. You may also decline consent to cookies usage from the cookie banner that appears at the bottom of our Website when you first arrive on the Website. Our Website may include social media features, such as Facebook or Twitter buttons. These features may collect your IP address, which page you are visiting while using the Website, and any Facebook cookies on your device (including your Facebook ID). These features may set Cookies to enable the feature to function properly. Please note that the social media services may collect this information, even if you are not logged in to the relevant social media account when you are using the Services. Your interactions with these features are governed by the privacy policy of the company providing it.

HOW WE USE THE INFORMATION WE OBTAIN

We use the information we collect about you in order to improve our Services and provide you with features that interest and work well for you. In particular, we use the information to:

In compliance with relevant law, we may retain information as needed or appropriate to serve our legitimate business purposes or as required by law.

DISCLOSURE OF INFORMATION WE OBTAIN

We do not share personal information about you except as described in this Privacy Policy. We may share information collected about you in the following ways:

We may also share with third parties, such as advertisers, aggregated or de-identified information and we do not limit our third-party providers from using, selling, licensing, distributing, or disclosing de- identified data. We do not sell personal information, and we will not sell personal information except as described in this Privacy Policy or if we provide you with notice and a right to opt-out of such sale.

YOUR RIGHTS WITH RESPECT TO THE PERSONAL INFORMATION WE HAVE COLLECTED

You may have the right to:

If you wish to do any of the above, please send an email request to support@wyaapp.com. We may refuse to comply with a request if the request is manifestly unfounded, excessive, or repetitive in nature or if the request is for erasure of personal information, i.e., where the processing is necessary to comply with a legal obligation or necessary for the establishment, exercise or defense of legal claims or for record-keeping and research purposes. We also may be entitled to refuse your request, wholly or partly, where exceptions under the applicable law apply.

PROTECTION OF PERSONAL DATA

We are committed to using our best efforts to maintain the security of your personal information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we adhere to industry standard practices and procedures to help safeguard and secure the information we collect.  Although we use our best efforts to protect the security of your personal information and our system, due to the inherent open nature of the Internet, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner inconsistent with this Privacy Policy. Inadvertent disclosures may occur. As a result of this and other factors beyond our control, we cannot guarantee the security of the information that you transmit to us, and you do so at your own risk.

CHILDREN

WYA IS COMMITTED TO CHILDREN'S PRIVACY. WYA DOES NOT KNOWINGLY PERMIT ANY PERSON LESS THAN 13 YEARS OF AGE TO REGISTER ON THE APP AND TO ACCESS AND USE THE SERVICES. IF YOU ARE A PARENT OR GUARDIAN AND DISCOVER THAT YOUR CHILD UNDER THE AGE OF 13 HAS A REGISTERED ACCOUNT WITHOUT YOUR CONSENT, PLEASE ALERT WYA AT SUPPORT@WYAAPP.COM TO EITHER PROVIDE CONSENT, REQUEST THAT WE CHANGE YOUR CHILD’S ACCOUNT SETTINGS, OR REQUEST THAT WYA REMOVE THE CHILD’S PERSONAL INFORMATION. PLEASE PROVIDE THE CHILD’S NAME, ADDRESS, AND E-MAIL ADDRESS. WE STRONGLY ENCOURAGE PARENTS TO MONITOR THEIR CHILDREN'S USE OF THE WEB.

INFORMATION FROM USERS OUTSIDE OF THE USA AND CONSENT TO TRANSFER JURISDICTION

The App and its servers are operated in the United States. If you are located outside of the United States, please be aware that any personal information you provide to us will be transferred to the United States. By using the App and the Services, and by providing us with personal information, you hereby consent to this transfer and our use of the personal information in accordance with this Privacy Policy. By using the App and our Services you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and to those third parties with whom we share it as described in this Privacy Policy.

PAYMENT PROCESSING

All media containing credit card information is stored at third-party datacenters with physical access controls in place that meet PCI (payment card industry) standards and is subject to those third-party policies regarding data privacy and security.

LINKS TO OTHER WEBSITES AND SERVICES

For your convenience and information, our Services may contain links to other online services, and may also include third-party features such as apps, tools, widgets and plug-ins. These online services and third-party features may operate independently of WYA. The privacy practices of these third parties, including details on the information they may collect about you, is subject to their own privacy policies or notices, which we strongly suggest you review. We urge you to review the privacy policies of such entities before providing any personal information. To the extent permitted by applicable law, we are not responsible for the privacy policies of these third parties, including our vendors, or the privacy practices of other service providers. The providers of third-party apps, tools, and plug-ins on our Services also may use automated means to collect information regarding your interactions with these features. These third parties may collect information about your online activities over time and across third-party websites. This information is collected directly by the providers of the features and is subject to the privacy policies or notices of these providers. To the extent permitted by applicable law, we are not responsible for these providers’ information practices.

MODIFICATIONS

Please note that we may modify this Privacy Policy at any time, at our sole discretion, by posting the modified policy on our Website. The modifications will be effective upon posting, unless some other date is specified. You should review this Privacy Policy periodically so that you are aware of any modifications.  Your use of any of our Services constitutes your full acceptance of the Privacy Policy in its then-current form.

STATE PRIVACY RIGHTS

For our users residing in California or Virginia, state law grants you additional rights under applicable law. As a resident of either of these jurisdictions, you may have certain rights to delete any personal information about you which the business has collected from you, to request that a business that collects personal information about you disclose to you certain information or to opt-out of the sharing of personal information with third parties for marketing and advertising purposes. You may submit a request to us through e-mail at support@wyaapp.com. We may not be able to honor each request that we receive and may not be required to do so under applicable laws, but if we are unable to do so, we will respond to let you know our reasons. We will not discriminate against you if you choose to exercise any of your rights as described in this section.

EU DATA SUBJECT RIGHTS

Under the General Data Protection Regulation ("GDPR"), if you are an EU resident and we are processing your personal information, you have the following rights:

QUESTIONS OR COMMENTS

If you have any questions, comments or concerns regarding this Privacy Policy and/or the practices described herein, please email us at support@wyaapp.com, call us at 917-993-2401 or write us at Where You At, Inc., 1100 Park Avenue, NY, NY, 10128.