Terms

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Terms of service.

Welcome to Whyzz® Terms of Use

These TERMS OF USE deal with a number of important issues, including the protection of copyrighted material and other intellectual property, and the presentation, collection and use of information.

What Is Whyzz?

Whyzz Publications LLC (“Whyzz Publications”) operates a number of products and services (the “Services”) via mobile applications, software applications, and websites (collectively, the “Platform”).

The Whyzz website app offers family-ready content about issues around the world. Your use of the Whyzz Platform and Services (collectively “Whyzz”) is conditioned on your acceptance of the following terms of use, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”). These Terms of Use apply however you access the Services or the Platform, including, without limitation, via a computer, tablet, smart-phone or other internet-abled device.

Please read the Terms of Use carefully before you start to use Whyzz. By using Whyzz, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at PRIVACY POLICY below and incorporated by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Whyzz.

We recognize the need to provide further privacy protections with respect to personal information we may collect on our Platform and Services. Some of the features on our Platform and Services are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:

· Notifying parents about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;

· In accordance with applicable law, and our practices, obtaining consent from parents for the collection of personal information from their children, or for sending information about our products and services directly to their children;

· Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity; and

· Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted.

See our Privacy Policy for more information.

Whyzz Publications reserves the right to change, modify, or remove content from Whyzz without prior notice, due to technical, regulatory, or business limitations, or for any other reason. Whyzz may modify the Terms of Use at any time at its sole discretion, and such modifications shall be effective immediately upon posting of the modified policies, terms, and conditions via the Platform and Services. Whyzz Publications reserves the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time.

1. Accessing Whyzz and Account Security

Whyzz Publications reserves the right to withdraw or amend Whyzz, and any service or material we provide on Whyzz, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of Whyzz is unavailable at any time, or for any period. We may restrict users’ access to some parts of Whyzz, or the entire Platform, or any combination of parts of Whyzz.

You are responsible for:

Making all arrangements necessary for you to have access to Whyzz.
Ensuring that all persons who access Whyzz through your mobile device are aware of and comply with the Terms of Use.

To access Whyzz, you may be asked to provide certain registration details or other information. It is a condition of your use of various Whyzz resources that all the information you provide to Whyzz is correct, current, and complete. You agree that all information you provide to register with Whyzz, including, but not limited to, information you provide through the use of any interactive features on Whyzz is governed by our Privacy Policy found below and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Whyzz or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Whyzz Publications may refuse the use of any user name, for any reason, and reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

2. Whyzz Works and Conditions of Use

Whyzz is a tool for parents to have meaningful conversations with their children.

· Whyzz Content and User Responsibility

The information and other content provided on Whyzz is intended to be presented in language that can be readily understood by young children. You may not agree with or believe that the suggested articles are appropriate for a young child, and Whyzz makes no representation or warranty regarding the accuracy or appropriateness of the suggested or provided information.

All users are solely responsible for deciding whether to use Whyzz content or to provide children with access to Whyzz or any Whyzz content and/or services.

Whyzz Publications edits all content for form and appropriateness, and attempts to verify the accuracy of content, but makes no representation or warranty regarding the content, including, without limitation, no warranty with respect to the completeness, accuracy, effectiveness, or appropriateness for any purpose of any question, comment, answer, advice, suggestion, statement, materials (including photographs, text, and/or multimedia content) or user comments posted to or presented on Whyzz (the “Content”). By using Whyzz you acknowledge and accept the risk that you could be exposed to Content that you may find offensive, indecent, or objectionable. Your use of Whyzz and the Content is at your own risk. Under no circumstances will Whyzz Publications be liable in any way for any claims, liabilities, damage, or losses of any kind related to your use of Whyzz and any Content posted to or transmitted through Whyzz. The Content is offered for informational and comparative purposes, only. It is not intended to be a substitute for professional advice.

3. Intellectual Property Rights

Whyzz and its entire Whyzz Publications-created contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Whyzz Publications LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use Whyzz for your personal, non-commercial use only. Except as otherwise provided in these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Whyzz Publications-created material, except as follows:

o Your computer or other device may temporarily store copies of such materials in RAM incidental to accessing and viewing those materials.

o You may store files that are automatically cached by your Web browser, application, or operating system for display enhancement purposes.

o If technically enabled, you may print [or download] one copy of a reasonable number of pages of Whyzz Publications-created content for your own personal, non-commercial use, and not for further reproduction, publication, or distribution.

o For all desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

o Modify copies of any Whyzz Publications-created materials.

o Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Whyzz.

o You must not access or use for any commercial purposes any part of Whyzz or any services or materials available through Whyzz.

o If you wish to make any use of Whyzz Publications-created materials other than that set out in this section, please address your request to: hello@whyzz.com

o If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Whyzz in breach of the Terms of Use, no right, title, or interest in or to Whyzz or any Whyzz Publications-created or other content on Whyzz is transferred to you, and all rights not expressly granted are reserved by Whyzz Publications. Any use of Whyzz not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

Whyzz Publications, the terms Whyzz, WhyzzExplorer, the Whyzz and WhyzzExplorer logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Whyzz Publications LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Whyzz Publications. All other names, logos, product, and service names, designs, and slogans used by Whyzz are the trademarks of their respective owners.

Prohibited Uses

You may use Whyzz only for lawful purposes and in accordance with these Terms of Use. Whyzz Publications reserves the right to terminate (a) your access to Whyzz and (b) your use of Whyzz if, in Whyzz Publication's reasonable belief, you have violated the usage limitations set forth in these Terms of Use. You agree not to use Whyzz:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the spirit or standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate Whyzz Publications, a Whyzz Publications employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct which, as determined by us, may harm Whyzz Publications or users of Whyzz or expose them to liability.

Additionally, you agree not to:

Use Whyzz in any manner that could disable, overburden, damage, or impair Whyzz or interfere with any other party's use of the service, including their ability to engage in real time activities through Whyzz.
Use any robot, spider, or other automatic device, process or means to access Whyzz any purpose, including monitoring or copying any of the material on Whyzz.
Use any manual process to monitor or copy any of the material on Whyzz or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of Whyzz.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, reverse engineer, interfere with, damage, or disrupt any parts of Whyzz, the server on which the Platform is stored, or any server, computer, or database connected to Whyzz.
Attack Whyzz via a denial-of-service attack or a distributed denial-of-service attack.

Whyzz Publications reserves the right to monitor all use of Whyzz to provide guidance and assistance in its use, and to monitor your conformance with these Terms of Use. You acknowledge and hereby consent to such monitoring.

Any displays, images, video and audio, and the design, selection, and arrangement information or material that you submit or send to Whyzz Publications or otherwise make available on or through the Platform (“Your Material”) will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Platform, you agree and acknowledge that Your Material will not be treated as confidential or proprietary and represent and warrant that Your Material:

(a) Is original to you and that no other party has any rights to the material;

(b) Does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful;

(d) Does not contain, unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact.

You retain copyright and any other rights you already hold in Your Material. By submitting, posting or displaying the content you give Whyzz Publications a perpetual, irrevocable, unrestricted, worldwide, royalty-free, fully sub-licensable and transferable, and non-exclusive right and license to reproduce, adapt, edit, modify, translate, publish, publicly perform, translate, create derivative works from, publicly display and distribute (in whole or in part) Your Material which you submit, post or display on or through, the Services. This license is for the purpose of enabling Whyzz Publications to provide, display, distribute and promote the Services. You also warrant that any “moral rights” in Your Material have been waived.

Except where specifically restricted in a writing signed by Whyzz Publications, you agree that this license includes a right for Whyzz Publications to make such Content available to other companies, organizations or individuals with whom Whyzz Publications has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You understand that Whyzz Publications, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute Your Material over various public or private networks and in various media; and (b) make such changes to Your Material as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Whyzz Publications to take these actions.

You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Platform, may be used by us in any manner.

You confirm and warrant to Whyzz Publications that you have all the rights, power, authority and capacity necessary to grant the above license.

Other than the limited license set forth in in the Terms, Whyzz Publications acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms and Conditions in or to any Content, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Whyzz Productions, you agree that you are responsible for protecting and enforcing those rights and that Whyzz Publication has no obligation to do so on your behalf.

Unless specifically requested, Whyzz Publications does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Platform, any of its services, by e-mail, or in any other way.

5. Links from Whyzz

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

6. Disclaimer of Warranties, Limits on Liability, Indemnification, Governing Law

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or Whyzz will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF WHYZZ OR ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZ OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE, APPLICATION, OR OTHER DESTINATION LINKED TO IT.

YOUR USE OF WHYZZ ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZ IS AT YOUR OWN RISK. WHYZZ, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZ ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WHYZZ PUBLICATIONS LLC NOR ANY PERSON ASSOCIATED WITH WHYZZ PUBLICATIONS LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF WHYZZ. WITHOUT LIMITING THE FOREGOING, NEITHER WHYZZ PUBLICATIONS LLC NOR ANYONE ASSOCIATED WITH WHYZZ PUBLICATIONS LLC REPRESENTS OR WARRANTS THAT WHYZZ, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZ WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT WHYZZ OR ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZ WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WHYZZ PUBLICATIONS LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WHYZZ PUBLICATIONS LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, WHYZZ, ANY CONTENT ON WHYZZ, OR ANY SERVICES OR ITEMS OBTAINED THROUGH WHYZZ, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Whyzz Publications LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of Whyzz, including, but not limited to, user-generated content, any use of Whyzz’s content, services, and products other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

All matters relating to Whyzz and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or Whyzz shall be instituted exclusively in the federal US District Court of the Second Circuit, Southern District of New York or the courts of the State of New York in each case located in the City of New York City and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

PRIVACY POLICY

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

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

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

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

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

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

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

Personally identifiable information; and
Automatically generated information.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.

Personally Identifiable Information

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

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

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

We retain the right to disclose and transfer user lists and related Personal Information in connection with any merger, sale or other transfer of all or part of our business related to Whyzz, and to treat such information as a business asset in the event of bankruptcy or liquidation.
To comply with a subpoena, court order, legal proceeding, or relevant law or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Use found at TERMS OF USE.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our customers or others.

Automatically Generated Information

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

Tracking Technologies and Advertising

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

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

2. Security.

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

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

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

California Privacy Rights

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

3. Changes to Our Privacy Policy

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

4. Contact Information

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

5. Links from Whyzz

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

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

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

6. Registration

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

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

7. About Verifiable Parental Consent:

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

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

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

8. Email Contact with a Child

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

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

9. Push Notifications

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

10. Geolocation Data

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

11. Persistent Identifiers

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

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

· customize content and improve our sites and applications

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

· generate anonymous reporting for use by Whyzz Publications

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

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

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

When Information Collected from Children is Available to Others.

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

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

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

12. Parental Controls

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

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

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

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

GDPR Data Privacy Statement

FOR RESIDENTS OF THE EUROPEAN UNION ONLY.

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

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

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

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

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

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

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

Legal Basis

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

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

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

- Compliance with a legal obligation we are subject to

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

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

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

Disclosure of personal data to recipients

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

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

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

- We are legally obligated to transfer the data;

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

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

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

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

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

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

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