Warmly Privacy Policy

Term Scout Certified Contract

Last updated: July 12, 2024

Welcome to the Privacy Policy of Warmly, Inc. (together with its affiliates and subsidiaries, “Warmly”, “we”, “us”, or “our”).

As a data-driven company, we care deeply about privacy and data security. We may update this Privacy Policy from time to time. If we do, we will update the “last updated” date at the top of the page. In some cases, we may notify you about an update by sending an email to your registered email address, by prominently posting a notice on our Platform (defined below), or through other communication channels, including where required by applicable law. All changes will be effective from the date of publication unless otherwise stated. In all cases, your continued use of the Platform following posting or other notification of changes will be considered as your acknowledgement of such changes. Please review this Privacy Policy periodically to keep up to date on our most current policies and practices.

What This Privacy Policy Applies to

This Privacy Policy applies to our website located at https://www.warmly.ai and any other website we own and operate that links to this Privacy Policy (collectively, the “Site”), Warmly’s services and our related technology, software, and integrations that our customers install or use in connection with their use of our products and services (collectively, the “Services”), our social media pages, our events, and our emails, texts, and other electronic communications (collectively, and together with the Site and the Services, the “Platform”).

This Privacy Policy does not apply to information collected on or through third-party websites, applications, destinations, technologies, or services linked to from our Site or used in connection with our Services that are not owned and operated by Warmly.

Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we treat it. By accessing or using the Platform, you acknowledge that you have read and understand this Privacy Policy.

Collection of Personal Information and Sources of Collection

We use the personal information described in this subsection for the purposes identified throughout this Privacy Policy or at the time of collection, including without limitation for purposes of auditing, security, debugging, internal research and development, maintaining the quality and safety of our Services, and service performance purposes. For example, we use information to measure web traffic and usage activity on our Site for purposes of improving and enhancing the functionality of our Site, to look for possible fraudulent activity, and to better understand the sources of traffic and transactions on our Site. Cookies also allow our servers to remember your account information for future visits and to provide personalized and streamlined information across related pages on our Site. In order to understand and improve the effectiveness of our advertising, we may also use web beacons, cookies, and other technology to identify the fact that you have visited our Site or seen one of our advertisements.

Personal Information You Provide

Account registration and profile information. When you register for a Warmly account, we collect your username, password and email address. Once you register for an account, you may also create a chatbot profile that can be viewed by Warmly when interacting with our chatbot services. Your chatbot profile includes information you choose to add, such as your profile photo, job title and other work-related information, your approximate location (e.g., city), links to your profiles on various social networks, and other preferences and information. We use your account and profile information to administer your account, provide you with the relevant services and information, communicate with you regarding your account, provide and operate the Services, and for customer support purposes.

Billing information. To make a payment to Warmly, we require you to provide your billing details, such as a name, address, email address and, in some instances, financial information corresponding to your selected method of payment. If you provide a billing address, we will regard that as the location of the account holder.

Feedback or contacting us. When you provide us feedback or contact us, including for support, or otherwise engage with us online or offline (e.g., at an in-person event), we may collect your name and email address, as well as any other contact information or content included in your communication, in order to send you a reply and to act on the feedback or information you have provided to us.

Other personal information you intentionally share. We also collect personal information at such other points through our Platform that state that personal information is being collected so that we may provide the features or functionality requested and for other purposes described in this Privacy Policy or at the point of collection. We also collect personal information if you submit it to us in other contexts (e.g., if you provide us with a testimonial).

Linking information. To the extent we are able to do so, we may link your non-personally identifiable information with your personally identifiable information, and we may also link personal information collected online with personal information we collect offline or from third parties.

Personal Information Collected Automatically – Our Site and Communications

Account registration and profile information. When you register for a Warmly account, we collect your username, password and email address. Once you register for an account, you may also create a chatbot profile that can be viewed by Warmly when interacting with our chatbot services. Your chatbot profile includes information you choose to add, such as your profile photo, job title and other work-related information, your approximate location (e.g., city), links to your profiles on various social networks, and other preferences and information. We use your account and profile information to administer your account, provide you with the relevant services and information, communicate with you regarding your account, provide and operate the Services, and for customer support purposes.

Billing information. To make a payment to Warmly, we require you to provide your billing details, such as a name, address, email address and, in some instances, financial information corresponding to your selected method of payment. If you provide a billing address, we will regard that as the location of the account holder.

Feedback or contacting us. When you provide us feedback or contact us, including for support, or otherwise engage with us online or offline (e.g., at an in-person event), we may collect your name and email address, as well as any other contact information or content included in your communication, in order to send you a reply and to act on the feedback or information you have provided to us.

Other personal information you intentionally share. We also collect personal information at such other points through our Platform that state that personal information is being collected so that we may provide the features or functionality requested and for other purposes described in this Privacy Policy or at the point of collection. We also collect personal information if you submit it to us in other contexts (e.g., if you provide us with a testimonial).

Linking information. To the extent we are able to do so, we may link your non-personally identifiable information with your personally identifiable information, and we may also link personal information collected online with personal information we collect offline or from third parties.

Usage data. When you visit our Site, we collect usage data about your interactions with our Site and our emails and other electronic communications. This may include the source that referred you to our Site (such as the website or email link), which webpages you visit, time spent on a page, what you click on, when you performed those actions, number and duration of visits, and so on. Additionally, like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed on our Site (e.g., HTML pages, graphics, etc.), content submitted through webforms, operating system versions, and timestamps. Personal information gathered through tracking technologies may include internet or other electronic network activity information for the purposes of cross-device tracking for targeted advertising.

Device data. We collect data from the device and application you use to access our Site, such as your IP address, operating system version, device type, system and performance information, and browser type. We may also infer your geographic location based on your IP address. 

Like many online services, we may use the following technologies to facilitate some of the automatic data collection described above on our Site, through our chatbot, and in our emails and other electronic communications:

Cookies. Like many online services, we and our third-party partners and providers may use cookies to automatically collect certain types of usage information when you visit or interact with our Site. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site and with our Services. This type of information is collected to make the Site and our Services more useful to you and to tailor the experience with us to meet your special interests and needs. We also use or may use the data collected through cookies to:  (a) remember information so that you will not have to re-enter it during your visit or the next time you visit our Site; (b) provide and monitor the effectiveness of our Site and Services; (c) monitor online usage and activities of our Site and Services; (d) diagnose errors and problems with our Site and Services; (e) otherwise plan for and enhance our Site and Services; and (f) facilitate the purposes identified in the “How We Use Personal Information” section below. 

We and our advertising partners also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver ads and information about products and services that may be of interest to you. Please note that we link some of the personal information we collect through cookies with the other personal information that we collect about you for the purposes described in this Privacy Policy.  

Web beacons (tracking pixels or clear GIFs). Web beacons (also known as tracking pixels or clear GIFs) are bits of data that – similar to cookies – are used to monitor and track user behavior. For example, web beacons can be used to count the number of users who access a website or open an email, know the content that was viewed, and can also allow us to see if a cookie has been activated. We use web beacons on the Site and in our emails to, for example, see how successful an article has been, or whether an email message was successfully delivered and read in a marketing campaign (or if you have clicked on any links contained in our emails). We may use this information to help us identify which content or emails are more interesting to you.

Personal Information Collected Automatically – Our Services

When our Services are installed and operating on a website or other online service, we collect certain usage data and device data automatically, such as:

  • IP Address
  • URL and URL’s UTM parameters
  • Session cookie
  • Session status (active, idle, closed)
  • Client Id
  • Form fill information
  • User Agent
  • Messages exchanged via chat
  • Pages visited
  • Time spent on page
  • Inbound widget interactions (e.g., requesting a call/chat)

We use web beacons and similar tracking technologies to collect this personal information, including in connection with our chatbot. These technologies allow us to automatically collect and track information about you and other web visitors when you visit websites and other online services where our Services are being used, including when you interact with our chatbot technology on those websites. We collect and use the personal information collected via our Services and match it with personal information we collect from our third-party data providers in order to provide our customers with a better understanding of who you are, such as your name, contact information, and the company that you work for. 

Our Services also include session-observing technology, which is a software program that may be installed on a website or other online service that enables the website operator to view a user’s interaction with the website or online service in real-time. The live session view may include users’ clicks, mouse movements, scrolls, typing, and other activity taken during the session. We also use this technology on our own Site. This technology allows us and our customers to have a better understanding of how visitors are using and interacting with online properties where the technology is installed, to identify visitors who may be interested in certain features, or to optimize marketing efforts.

Personal Information Collected From Third Parties

Single sign-on or sign-on integrations. We may use single sign-on (“SSO”) or sign-on integrations with third parties to allow a user to authenticate their account for the Services using one set of login information, including through Google or Microsoft. We will have access to certain information from those third parties in accordance with the authorization procedures determined by those third parties, which may include, for example, your name, username, email address, language preference, and profile picture. We use this information to operate, maintain, and provide to you the features and functionality of the Services. We may also send you service-related emails or messages (e.g., account verification, customer support, changes, or updates to features of the Site, technical and security notices).

Social media. When you interact with our Site through various social media, such as when you click on the social media icon on the Site, follow us on a social media Site, or post a comment to one of our pages, we may receive information from the social network such as your profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. We use this information to operate, maintain, and provide you with the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.

Customers. We collect information that our customers provide to us. For example, we collect personal information through our Services when our customers install our technology on their websites. We also offer enhanced functionality to organizations who opt in to providing us with access to their CRM application (e.g., Salesforce or HubSpot). Customers can decide whether to enable Warmly access to read their CRM data (e.g., company name, website, contact information, and related deals or transactions) or to also write data to their CRM application. In addition, our customers may choose to integrate Warmly with other applications and services they use in order to provide additional categories of personal information to the Services. 

Data providers and other sources. We obtain personal information from data providers and other sources, such as publicly available sources, third-party information licensors, our customers, service providers, advertising partners, or through transactions such as mergers and acquisitions. We may combine this information with other information we collect from or about you. 

For example, as part of our Services, we license data from data providers to help us learn more about visitors to websites or other digital properties where our Services are installed. When you visit one of these websites (including the Site), the technology used by our Services collects an online identifier (such as an IP address) from you. We will then try to match that online identifier to personal information records held by our data providers (e.g., name, job title, contact information, and LinkedIn profile) so that we can learn more about you and combine the information that they provide to us with data that we collect from our Services, such as the content you click on when visiting a customer’s website. In these cases, our Privacy Policy governs our handling of the combined personal information. We use this information to operate, maintain, and provide the features and functionality of the Services, including to create segments that we use to help our customers improve their marketing efforts, and for the other purposes described in this Privacy Policy.

Analytics services. We use third-party analytics services on the Site, such as Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to collect information such as how often users visit the Site or Services, what pages they visit, and what other sites they used prior to coming to the Site or Services. We use the information we get from Google Analytics to monitor, analyze, and improve our Site and Services, and for other research and development purposes. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/. You may also download the Google Analytics opt-out browser add on, available at https://tools.google.com/dlpage/gaoptout. We may also use other analytics providers for similar purposes.

Referrals. Customers and other users of the Platform may have the opportunity to refer colleagues or other contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so.

How We Use Personal Information

In addition to the uses described elsewhere in this Privacy Policy or at the time of collection, we may use the personal information we collect:

  • to provide, manage, and operate our Services, including tracking behavior on customer websites and linking it with personal information collected from third parties and other sources to provide enriched data to customers about their website visitors, and assisting with marketing and business development efforts;
  • to operate and improve our Platform;
  • to understand you and your preferences to enhance your experience and enjoyment using our Platform;
  • to improve the content of our Platform;
  • to customize the content and layout of our Site or Services for individual users;
  • to respond to your comments and questions and provide customer service;
  • to provide and deliver products and services you request;
  • to send you Platform-related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
  • to send you promotional messages about new contests, promotions, rewards, upcoming events, and other news about products and services offered by us or our business partners;
  • to display ads for our Platform, including through interest-based advertising;
  • to carry out our legal and contractual obligations and enforce our rights arising from any contracts entered into between you and us;
  • for our own business and commercial purposes;
  • for identity management, security, and auditing;
  • for any other purpose for which you provide it; or
  • in any other way we may describe when you provide the information.

We may create anonymized data (data that is not associated with or linked to your personally identifiable information) from personal information by excluding information (such as your name, email address, personal identification numbers) that makes the data personally identifiable to you. We use this anonymized data to analyze request and usage patterns so that we may, for example, enhance the content of our Platform and improve navigation. We reserve the right to use anonymized data for any purpose and to disclose anonymized data to third parties in our sole discretion.

In addition, we, our service providers, and the third parties we work with may use artificial intelligence (AI) and machine learning technologies, including generative AI, to facilitate the processing of personal information described in this Privacy Policy.

How We Disclose Personal Information

In addition to the disclosures described elsewhere in this Privacy Policy or at the time of collection, we may disclose your personal information with the categories of recipients described below. 

Related Companies. We may disclose your personal information to our affiliates, subsidiaries, and other related companies. 

Service providers. We may provide your personal information to service providers or contractors to perform functions on our behalf, including, but not limited to, communicating news; web hosting; information technology and related infrastructure (such as cloud computing); performing Site or Services development or maintenance; providing functionality or other services for our Platform; security and other auditing; sending postal mail, email or other communications; customer service; removing outdated and repetitive information from our lists; analyzing our data; developing, enhancing, marketing or providing any of our Services; processing payments; order fulfillment; or assisting us with other marketing and support functions. 

Law enforcement, government authorities, and private parties. We may disclose your personal information:

  • to a person who in our reasonable judgment is seeking the information as an agent of the individual or company;
  • if, in our reasonable judgment, it is necessary enforce compliance with our internal policies, terms of use, or the agreement for our Services;
  • to protect the rights, property, and safety of Warmly and our agents, customers, or others;
  • in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena;
  • in response to a law enforcement agency’s request; or
  • to comply with applicable law.

Business transaction participants. We may disclose personal information in connection with or during negotiation of any merger, financing, acquisition, or dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company. In addition, we may disclose personal information to another entity as part of a merger, bankruptcy, insolvency, receivership, a sale of assets or all or part of a business, or any other corporate change or re-organization.

Our customers and licensees. We provide personal information to our customers as part of the Services we provide to them. This may include, for example, sharing a list of names and contact details of individuals who have visited a customer’s website who may be interested in purchasing the customer’s products or services, sharing or licensing audience segments, or optimizing our customers’ CRM data.

Advertising partners. We participate in interest-based advertising and use third-party advertising companies to help us advertise our products and services and promote our business. These companies may serve you targeted advertisements based on your browsing history and other information about you, your computer, or your mobile device, and your activity over time on our Platform and on other websites and online services. We permit third-party online advertising networks, social media companies and other third-party services to collect information about your use of our Platform over time so that they may play or display ads on other websites or online services you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology (collectively, “tracking technologies”), which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site, AdID, precise geolocation and other information, including the usage data and device data described above. We may also share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across devices and platforms. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others who share similar traits, such as likely commercial interests and demographics, on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider.

Additionally, the Site and Services may include social media features, such as LinkedIn, Twitter, YouTube or other widgets. These social media companies may recognize you and collect information about your visit to the Site and Services, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies. 

Professional advisors. We may share personal information with persons, companies, or professional firms providing Warmly with advice and consulting in accounting, administrative, legal, tax, financial, debt collection, and other matters.

Your Choices

Account and Profile Information

If you have an account for our Services, you have the ability to modify certain information in your profile (e.g., your contact information) through the account setting page or a similar option provided on the Services. If you have any questions about modifying or updating any information in your account, please contact us at the email address provided at the end of this Privacy Policy.

Marketing Emails

You may opt-out of marketing-related emails by clicking the “unsubscribe” link at the bottom of the email or by contacting us as described at the end of this Privacy Policy. You may still receive service-related communications, such as those relating to your account. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

Cookies

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using our Site and Services, as some features and services may not work properly. Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

Interest- Based Advertising Choices

You can limit the use of your information for targeted advertising by blocking third-party cookies in your browser settings, using browser plug-ins/extensions, or using your mobile device settings to limit the use of the advertising ID associated with your mobile device. 

You can also opt out of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the following programs and perform advertising-related services for us and our partners by following the instructions at the following links:  the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp), the Digital Advertising Alliance (https://optout.aboutads.info), the European Interactive Digital Advertising Alliance (http://www.youronlinechoices.eu/), or the Digital Advertising Alliance of Canada (https://optout.aboutads.info or https://youradchoices.ca/). Opt-out cookies only work on the internet browser and device they are downloaded onto. If you want to opt out of receiving online interest-based advertisements on mobile apps, please follow the instructions at http://www.aboutads.info/appchoices.

Some of the companies we work with may offer their own opt-out mechanisms. For example, you can learn more about how Google uses cookies for advertising purposes by clicking here and opt-out of ad personalization by Google by clicking here.

If you want to opt out of interest-based advertisements across all your browsers and devices, you will need to opt out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to opt out again.

Please note that some of the advertising companies we work with may not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive interest-based advertisements from other companies. If you opt out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

Do Not Track

Some browsers may be configured to send “Do Not Track” signals to the online services that you visit. Our Site currently does not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit https://www.experte.com.

Your Privacy Rights

Depending on your residency and subject to certain legal limitations and exceptions, you may have certain rights relating to your personal information, such as the rights listed below. Please note, these rights may not apply in your jurisdiction, or may otherwise be limited by applicable law:

  • Right to Know. The right to confirm whether we are processing personal information about you and to obtain certain personalized details about the personal information we have collected about you, including, where applicable:some text
    • the categories of personal information collected;
    • the categories of sources of the personal information;
    • the purposes for which the personal information were collected;
    • the categories of personal information disclosed to third parties (if any), and the categories of recipients to whom this personal information were disclosed;
    • the categories of personal information sold (if any), and the categories of third parties to whom the personal information were sold; and
    • the categories of personal information shared for targeted advertising purposes (if any), and the categories of recipients to whom the personal information were disclosed for these purposes.
  • Right to Access & Portability. The right to obtain access to the personal information we have collected about you and, where required by law, the right to obtain a copy of the personal information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
  • Right to Correction. The right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.
  • Right to Deletion. The right to request the deletion of personal information that we maintain about you, subject to certain exceptions.
  • Right to Restrict or Object to Processing. The right to request that we restrict processing or the right to object to the processing of your personal information where the legal basis of our processing activity is based upon our legitimate interests.  
  • Right to Opt-Out of “Sales.” If we “sell” your personal information within the meaning of applicable U.S. state privacy laws, you can request to opt-out of such sales. In most cases, a “sale” is defined as the disclosure of personal information to a third party for monetary consideration or, in some cases, for other valuable consideration.
  • Right to Opt-Out of “Sharing” or “Targeted Advertising.” If we share or use your personal information for purposes of cross-context behavioral or targeted advertising within the meaning of applicable U.S. state privacy laws, you can request to opt-out.
  • Right to Non-Discrimination. The right not to receive retaliatory or discriminatory treatment for exercising any of the rights described above. However, please note that if the exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products or services or engage with you in the same manner. In addition, the exercise of the rights described above may result in a different price, rate, or quality level of product or service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.

To request to exercise the privacy rights listed above where available under applicable law, please email us at [email protected] or complete our webform available here: Your Privacy Rights

If you wish to opt-out of “sales” or “sharing”/“targeted advertising” as it relates to the use of cookies and other tracking technologies on our Site, you can click the cookie icon on the bottom of our Site. You can also broadcast the Global Privacy Control (GPC) signal when visiting our Site. Note that due to technological limitations, if you visit our Site from a different computer or device, or clear cookies on your browser that store your preferences, you will need to return to the Site to select your preferences and/or rebroadcast the GPC signal.

We reserve the right to verify your identity and confirm you are a resident of a state that offers the relevant right(s) before processing your request. In order to verify your identity, we will generally either require the successful login to your account or the matching of sufficient information you provide us to the information we maintain about you in our systems. As a result, in most cases we require requests to include your email address. Although we try to limit the personal information collected in connection with a request to exercise any of the above rights, certain requests may require us to obtain additional personal information from you. In certain circumstances, we may decline a request, particularly where we are unable to verify your identity or locate your information in our systems, where you are not a resident of one of the eligible states, or where an applicable exception or exemption applies.

Protection of Personal Information

Warmly considers the security of the personal information within our control to be a top priority, and consistent with this we implement commercially reasonable technical and organizational safeguards designed to protect from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, such information. However, no security system is impenetrable, and unanticipated system failures or the efforts of malicious actors are an unfortunate reality on the internet. Therefore, we cannot guarantee that the personal information within our control is absolutely secure.

Retention of Information

We will only keep your personal information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process it (and whether we can achieve those purposes through other means), and the applicable legal requirements. In some circumstances we may anonymize your personal information so that it can no longer be associated with you, in which case it is no longer personal information.

Our Policy Towards Children

Warmly does not direct our Site or Services towards individuals under the age of 18, and we do not knowingly collect personal information from individuals under the age of 18.

International Transfers of Personal Information

We are located in the United States, and we have service providers in the United States and potentially other countries. Your personal information may be processed and stored in the United States and countries outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country. By providing your personal information, where applicable law permits, you specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein.

Additional Notice to Individuals in the European Economic Area (EEA), United Kingdom, and Switzerland

The information provided in this section applies only to individuals in the EEA, the United Kingdom, and Switzerland (collectively, “Europe”). Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller

The controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is Warmly, Inc., 1321 Upland Dr. PMB 11846, Houston, TX, 77043, United States.

Legal Bases for Collection and Processing

To fulfill a contract. We collect and process certain personal information about our enterprise customers because we need to do so either to enter into or fulfill a contract with them. For example, we process your personal information to provide you with the Services.

For a legitimate interest. We may process your personal information where we or a third party have a legitimate interest in doing so and those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). For example, we have a legitimate interest in understanding how people are using our Platform, both to improve the Platform and to market our Services more effectively. Therefore, we may use your personal information to understand and analyze your use of our Platform. Our legitimate interests include: understanding how our audience interacts with our content, our marketing and promotions, and our Services; learning about our audience in order to improve our Services for them; developing, delivering, and maintaining relevant and engaging content and promotional information (including interest-based advertising); supporting the dissemination of information on topics of interest to individuals and the community; supporting individuals’ rights to receive information; and conducting our business activities and achieving our business goals.

To comply with legal obligations. We will process your personal information when necessary to comply with legal and regulatory obligations or defend claims. For example, we may share your personal information in response to a court order, subpoena, or law enforcement agency’s request.

Cross-Border Data Transfers

If we transfer your personal information to a country outside of Europe such that we are required to apply additional safeguards to your personal information under applicable data protection laws, we will do so. Please contact us using the contact information provided at the end of this Privacy Policy for further information about any such transfers or the specific safeguards applied.

Additional Notice to Residents of Applicable U.S. States

This section applies to residents of certain U.S. states that require us to provide additional information about our processing activities. This section supplements the information contained elsewhere in our Privacy Policy. For purposes of this section, the term “personal information” means “personal data” or “personal information” as such terms are defined under applicable U.S. state privacy law but does not include information excepted from the scope of such laws.

Collection and Use of Personal Information

We describe the categories of personal information we process, or have processed in the prior 12 months, and the categories of sources of that personal information in the “Collection of Personal Information and Sources of Collection” section of our Privacy Policy. We describe the purposes for which we process personal information in that same section as well as in the “How We Use Personal Information” section of our Privacy Policy.

Sensitive Personal Information

If you have a Warmly account, we collect account log-in in combination with any required security or access code, password or credentials allowing access to the account. This information may be classified as “sensitive” under applicable U.S. state privacy laws. We do not use or disclose this information for any purpose other than for what would reasonably be expected in connection with providing the Services, for detecting security incidents, fraud and other illegal actions, or for short term transient use. We do not sell (as such term is defined under applicable U.S. state privacy law) this information, and we do not process or otherwise share it for the purpose of targeted advertising.

Deidentified Information

We may at times receive, or process personal information to create, deidentified data that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain deidentified data, we will maintain and use the data in deidentified form and not attempt to reidentify the data except as required or permitted by law.

Disclosures, Sales, and Sharing/Targeted Advertising

Each of the categories of personal information described in the “Collection of Personal Information and Sources of Collection” section above is disclosed, or may have been disclosed in the 12 months preceding the “Last Updated” date of this Privacy Policy, to operate our business or for another business purpose as described in this Privacy Policy or at the time of collection to the parties identified in the section titled “How We Disclose Personal Information.”

As noted above in the section titled “Your Privacy Rights,” under certain U.S. privacy laws some disclosures of personal information may be classified as a “sale,” as “sharing” for cross-context behavioral advertising purposes, or as a disclosure or use for “targeted advertising” purposes. In the prior 12 months we have “sold,” “shared,” and used for “targeted advertising” purposes, and may in the future sell or share / use for targeted advertising purposes identifiers (such as your name, email address and contact information), internet/network information (such as usage data and device data), commercial information, and inferences (such as your purchasing tendencies or products and services you may be interested in) to our customers and licensees and to third parties who may use this information to communicate with you or to offer you products and services that may be of interest to you. We may also sell or share / use for targeted advertising this same personal information to certain third-party ad networks, social networks and advertising partners (described as “interest-based advertising” in our Privacy Policy), as well as to provide advertising-related services such as reporting, attribution, analytics, and market research. The third parties to whom we sell or share personal information may use such information for their own purposes, in accordance with their own privacy statements, which may include reselling or sharing this information to additional third parties.

We do not knowingly sell or share / use for targeted advertising the personal information of consumers we know to be less than 18 years of age.

Additional Information – Exercising Your Privacy Rights

In certain circumstances, you are permitted to use an authorized agent to submit privacy requests on your behalf through the designated methods set forth in the “Your Privacy Rights” section above where we can verify the authorized agent’s authority to act on your behalf. Depending on the evidence provided and your state of residency, we may still need to request additional information or separately reach out to you to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.

We endeavor to respond to a verifiable consumer request within 45 days of its receipt or as may otherwise be required under applicable law. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Note, for California residents, we consider any request to opt-out of “sales” or “sharing” under the “Your Privacy Rights” section above as a request pursuant to California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes.

Appealing Privacy Rights Decisions‍

Depending on your state of residency, you may be able to appeal a decision we have made in connection with a request you submit to us to exercise one of your privacy rights under applicable state law, as further described in the section above titled “Your Privacy Rights.” All appeal requests should be submitted by emailing us at [email protected] with the subject line, “Privacy Request Appeal.” If you have concerns about the results of your appeal, depending on your state of residence, you have the ability to contact the Attorney General in your state.

Contact Us

If you have any questions that this Privacy Policy could not answer, please contact us at [email protected].