Whop, Inc. (collectively, “Whop,” “we” or “us”) operates a marketplace for digital goods and services where buyers (“Buyers”) can purchase products sold by sellers (“Sellers”). All products are provided solely by the applicable Seller and Whop is not responsible for the products sold on the marketplace.
In this Privacy Policy (“Policy”), we describe how we collect, use, disclose and otherwise process the personal information described below, as well as the rights and choices you have regarding such personal information.
For additional information about the privacy choices you have regarding your personal information, please review Section 7. Your Privacy Choices, as well as Section 15. Additional Privacy Information for Certain Jurisdictions, which includes additional information about privacy rights for residents of certain jurisdictions. If you are a California resident, please review our “CCPA Privacy Notice” for additional information about our information practices and your California privacy rights as required by California privacy law, including your right to opt out of sales of personal information.
You can review more detailed information about our privacy practices and your rights and choices below in our Policy, which is organized into the following sections:
This Privacy Policy applies to the personal information that Whop processes related to:
Not In Scope. This Policy does not apply to job applicants and candidates who apply for employment through our job application portal, or to employees and non-employee workers, whose personal information is subject to different privacy notices.
Your use of our Services and Site, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. Our Terms of Service are incorporated by reference into this Policy.
We collect information directly from you, from third parties, and by automated means as set out below.
The personal information that we collect and process will vary depending upon the circumstances and how you interact or engage with us, but generally includes:
We collect information about you from other sources, such as public sources, business partners, and other third parties. For example, we may collect information such as:
We automatically collect personal information related to your use of our Services and interactions with us and others, including information we collect automatically (e.g., using cookies and pixel tags). We may also derive information about you (e.g., your location information) and your use of the Services. Such information includes:
The purposes for which we may process personal information will vary depending upon the circumstances.
Certain laws, including the EU General Data Protection Regulation (“GDPR”) (and other relevant laws such as UK data protection laws), require that we inform you of the legal bases for our processing of your personal information. Pursuant to the GDPR (and other similar laws), we process personal information for the following legal bases:
In addition, we may process your personal information where necessary to protect the vital interests of any individual.
In general, we use personal information for the purposes set forth below, and where GDPR or other relevant laws apply, we have set forth the legal bases for such processing in parenthesis (see above for a further explanation of our legal bases):
We may disclose the information, including personal information, that we collect to others, as reasonably necessary for the purposes described above and as otherwise directed or authorized to by you, which may include:
We may collect, use, disclose, and otherwise process aggregate, anonymous, and other non-identifiable information related to our business and Services for quality control, analytics, marketing, advertising, research, development, compliance, or other purposes. Where we use, disclose or process data that has been de-identified data, we will maintain and use the information in de-identified form and not to attempt to reidentify the information, except pursuant to applicable privacy laws.
We and our third-party service providers use cookies, pixels, java script, and other mechanisms to automatically collect information browsing, activity, device and similar information within our Services. We use this information to, for example, analyze and understand how users access and use the Services, how they interact with others through our Services, as well to identify and resolve bugs and errors in our Services and to assess secure, protect, optimize and improve the performance of our Services.
Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through the Services for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others allow us to track your activities in our Services, support the security and performance of the Services, or allow us to track activity and usage data within Service. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie or how to disable cookies altogether.
Pixel Tags. Pixel tags (sometime called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your device, pixel tags are embedded invisibly on web pages and online content. We may use these, in connection with our Services to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Third-Party Analytics. We may use non-affiliated analytics companies, for example Google Analytics (see privacy policy and opt-out), to evaluate use of our Services. We use these tools to help us understand use of, and to improve, our Services, performance, ad campaigns, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services.
Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).
Advertising and Targeting. As described above, we work with third parties, such as third-party ad networks, analytics and measurement services and other third-party ad companies to personalize content and display advertising within our Services, as well as to manage our advertising on third-party sites and online services. We and these third-party ad companies may use cookies, pixels tags, and other tools (which we may refer to collectively as “targeting cookies”) to collect activity information within our Services (as well as on third-party sites and services), as well as IP address, location information, unique ID, cookie and advertising IDs, and other identifiers, as well as browsing information. We and these third-party ad companies use this information to provide you more relevant ads and content within our Services and other online services and on third-party sites and apps, and to evaluate the success of such ads and content.
Preferences. We make available several ways for you to manage your preferences regarding third-party advertising and cookies within our Site and Services. Many of these are browser and device specific, which means that you need to set the preference for each browser and device you use to access our Site and Services. In addition, if you delete or block cookies, you may need to reapply these preferences. Further, opting out of cookies and advertising as discussed below does not mean that you will no longer receive advertising content from us. You may continue to receive generic or “contextual” ads from us.
Please note that opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or contextual ads on our Services. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.
Users have several choices regarding their personal information and privacy preferences, as described in this section.
Marketing Communications. We may send periodic promotional emails to you. You may opt out of such communications by following the opt-out instructions contained in the email or emailing us at support@whop.com. Please note that it may take up to ten (10) business days for us to process opt out requests. If you opt out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
Mobile Device Settings. In some of our mobile Services, we may send push notifications from time-time in order to update you about promotions that we may be running. With your permission, we may collect your device’s location information. If you no longer wish to receive these types of communications or share your location data, you may update the app settings on your mobile device.
Accessing and Updating Your Account Information. If you register for an account with us, you can access and update certain information we have relating to your account within your account profile settings. Please note that we may maintain copies of information that you have updated, modified or deleted, as permitted, in our business records and in the normal course of our business operations.
Additional Information for Certain Jurisdictions. Additional information about the privacy rights under certain privacy laws, including the GDPR and UK data protection law and certain U.S. privacy laws, can be found in Section 15. Additional Information for Users in Certain Jurisdictions. Please review this section for more information.
Residents of certain jurisdictions may have additional rights, as set forth below, in Section 15. Additional Information for Certain Jurisdictions. Further, if you are a California resident, please review Section 15.C. CCPA Privacy Notice for California for specific information about your California Privacy Rights and how to exercise them.
For more information about our privacy practices and your privacy choices, you may contact us as set forth in the ‘Contact Us’ section below.
Our Services are not intended for minors under the age of 13. We do not knowingly or specifically collect information about minors under the age of 13. If you believe we have unintentionally collected such information, please notify us at support@whop.com and we will take action as necessary to securely delete such information.
Our Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.
Whop is headquartered in the United States and has operations and service providers in the United States and throughout the world. As such, we and our service providers may transfer your personal information to, or access it in, jurisdictions (including the United States) that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms and/or data transfer agreements.
If you are in the European Economic Area, and we process your personal information in a jurisdiction that the European Commission has deemed to not provide an adequate level of data protection (a “third country”), we will implement measures to adequately protect your personal information, such as putting in place standard contractual clauses approved by the European Commission or another measure that has been approved by the EU Commission as adducing adequate safeguards for the protection of personal information when transferred to a third country. You have a right to obtain details of the mechanism under which your personal information is transferred outside of the EEA; you may request such details by contacting us as set forth in the “Contact us” section below.
We have implemented safeguards and technical measures to protect the personal information that we have under our control from unauthorized access, use or disclosure. However, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared device.
As a general rule, we retain your personal information for as long as necessary to fulfill the purposes for which it was collected and is used by us, as stated in this Policy. Further, to the extent permitted by applicable law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change, such as via email or prominent notice on the Site.
If you have questions or concerns regarding the way in which your personal information is being processed or this Policy, please email us at support@whop.com or reach out to Whop using the contact information: 10 Grand Street 13A, Brooklyn, New York 11249.
Residents of certain jurisdictions have additional rights under applicable privacy laws, as described in this section.
Subject to the conditions set out in applicable law, data subjects in the European Union/European Economic Area (“EEA”) and UK have the following rights with regards to our processing of their personal information:
Submitting a GDPR Request. Please contact us as set out in the Contact Us section below to exercise one of these rights. Please note that some of these rights may be limited, such as where we have an overriding interest or legal obligation to continue to process the data.
Residents of certain U.S. states (including Virginia, Colorado, Connecticut, and Utah) have additional privacy rights under applicable privacy laws, subject to certain limitations, including:
You may submit a request to us to exercise your privacy rights, as applicable, by contacting us at support@whop.com. We will take steps to verify your request by matching the information provided in your request with the information we have in our records. You must provide all the information requested by us so that we can verify your identity. Authorized agents (where applicable) must provide proof of their authorization and we may also require that the relevant consumer to directly verify their identity and the authority of the authorized agent.
We will respond to your request as required under applicable privacy law and will request that you provide certain information to enable us to verify you and your request. If we deny your request, you may appeal our decision by emailing support@whop.com.
Below, we provide information, as required under California privacy laws, including the California Consumer Privacy Act and its implementing regulations, each as amended (“CCPA”), which require that we provide California residents certain specific information about how we handle their personal information, whether collected online or offline. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under California privacy laws.
Categories of Personal Information We Collect. Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The table below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect and disclose to others for a business purpose or commercial purpose.
Category | Description | Categories of Third-Party Disclosures for Business or Commercial Purposes |
Identifiers | Includes direct identifiers such as name, username, address, email address, phone number, device ID, Internet Protocol (IP) address, and other unique identifiers such as tax ID or EIN. | Vendors and service providers Advisors and agents Government entities and law enforcement Affiliates and subsidiaries Advertising networks Data analytics providers Sellers Internet service providers Operating systems and platforms |
Government Identifiers | In certain instances, we may also collect SSN, driver’s license number, passport number, tax ID and other government identifiers (such as where necessary to verify identity or comply with our legal obligations). | Vendors and service providers Advisors and agents Government entities and law enforcement Affiliates and subsidiaries |
Customer Records | Includes your account and profile information, such as username and password, email, address, telephone number, and other contact information, account credentials, communications preferences, billing and payment information, and other information individuals provide us in order to register for, access or use our Site and Services. | Vendors and service providers Advisors and agents Government entities and law enforcement Affiliates and subsidiaries Platform Operators Advertising networks Data analytics providers Sellers Internet service providers Operating systems and platforms |
Commercial Information | Includes records of personal property, products or services purchased, obtained, or considered, or other purchasing or histories or tendencies. | Vendors and service providers Advisors and agents Government entities and law enforcement Affiliates and subsidiaries Advertising networks Data analytics providers Sellers Internet service providers Operating systems and platforms |
Usage Data | Includes browsing history, clickstream data, search history, access logs, information regarding your interactions with our Sites, apps, or Services, and our marketing emails and online ads, and other and other usage data related to your use of our Site and other online services. | Vendors and service providers Advisors and agents Government entities and law enforcement Affiliates and subsidiaries Advertising networks Data analytics providers Internet service providers Operating systems and platforms |
Location Data | Includes location information about a particular individual or device. | Vendors and service providers Advisors and agents Government entities and law enforcement Affiliates and subsidiaries Internet service providers Operating systems and platforms |
Audio, Video and Electronic Data | Includes audio, electronic, visual, or similar information, photographs and images, call recordings (e.g., of customer support calls), and photos or visual content submitted via our Services. | Vendors and service providers Advisors and agents Government entities and law enforcement Affiliates and subsidiaries |
Inferences | Includes inferences drawn from other personal information that we collect to create a profile based on your account and activities, that reflect your preferences, characteristics, behavior, attitude and abilities related to our Site and Services. | Vendors and service providers Advisors and agents Government entities and law enforcement Affiliates and subsidiaries Advertising networks Data analytics providers Internet service providers Operating systems and platforms |
Sales and Sharing. California privacy laws define a “sale” as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration, and “sharing” includes disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. While we do not disclose personal information to third parties in exchange for monetary compensation, we may “sell” or “share” (as defined by the CCPA) Identifiers, Customer Records, Commercial Information, Audio, Video and Electronic Data, and Usage Data to third-party advertising networks, analytics providers, and social networks. We do not sell or share sensitive personal information, nor do we sell or share any personal information about individuals who we know are under sixteen (16) years old.
Sources of Personal Information. In general, we may collect the categories of personal information identified in the table above from the following categories of sources:
Purposes for Collecting and Disclosing. As described in more detail in Section 3. Purposes of Collection and Use, in general, we collect and otherwise process the above personal information in order to provide our Services to you, respond to your requests, as otherwise directed or consented to by you, and for the following business or commercial purposes:
Sensitive Personal Information. Notwithstanding the purposes described above, we do not use or disclose sensitive personal information beyond the purposes authorized by the CCPA. Accordingly, we only use and disclose sensitive personal information as reasonably necessary (i) to perform our services requested by you, (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents, (iii) to detect, prevent and respond to malicious, fraudulent, deceptive, or illegal conduct, (iv) to verify or maintain the quality and safety of our services, (v) for compliance with our legal obligations, (vi) to our service providers who perform services on our behalf, and (vii) for purposes other than inferring characteristics about you.
Retention. We will retain your personal information as long as necessary for purposes for which the personal information was collected and is used by us, as stated in this Policy. If you request that we no longer use your personal information to provide Services to you, please contact us using the contact information provided in this Policy. However, if you withdraw consent or otherwise object to our collection, use and disclosure of your personal information, you may not be able to use the services. Further, to the extent permitted by applicable law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.
California Residents’ Rights. California residents have the right to receive certain information about how their personal information is used and disclosed and to not be discriminated against for exercising their privacy rights under the CCPA. The CCPA also grants California residents the following rights (subject to certain limitations).
Submitting CCPA Requests to Know, Correct and Delete. California residents may submit a verifiable request to exercise their CCPA rights as set forth below:
When you submit a request to know, to delete or to correct we will take steps to verify your request by matching the information provided by you with the information we have in our records. To verify your request, we will request that you provide us with your name, email and contact details and to confirm your email address. In some cases, we may request additional information in order to verify your request or where necessary to process your request.
Authorized agents may initiate a request on behalf of another individual by contacting us in writing at the contact information set forth above. Authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent. We will respond to verifiable requests received from California residents as required by law. If we are unable to adequately verify a request, we will notify the requestor.
Requests to Opt-Out of Sales and Sharing. California residents may submit requests to opt out of “sales” and “sharing” (e.g., targeted advertising) of their personal information by emailing support@whop.com.