Privacy Notice.

Last updated: June 20, 2023. 

WholeWorks, LLC (“WholeWorks”, “us”, “we”, “our”), a Vermont Limited Liability Company with Business ID: 0357614, is committed to protecting and respecting your privacy. This Privacy Notice explains what Personal Data we collect, why we collect this Personal Data and how we use and protect it. It also explains how you can exercise your privacy rights. In this Privacy Notice, “Personal Data” means any information, on its own or combined with other information, that relates to an identified or identifiable natural person.

Please read this Privacy Notice carefully.  By visiting or using any website, mobile application or service that displays, links to or otherwise refers to this Privacy Notice, you confirm that you have read and understood this Notice. From time to time, we will need to update this Privacy Notice to reflect changes to our Services, the way we operate, or to meet new legal and regulatory requirements. We encourage you to check this Privacy Notice regularly so that you stay informed. If you have any questions or concerns regarding this Notice or our privacy practices, please contact us using the information provided below.

Please note that this Privacy Notice only applies to information collected or received by WholeWorks when we are acting as a data controller. In addition, it does not apply to, and WholeWorks is not responsible for, the actions or activities of certain third party companies or organizations that we work with, including our Affiliates (as defined below), or any third party websites or platforms that link to or can be accessed through our Services.

WHAT PROCESSING ACTIVITIES DOES THIS PRIVACY NOTICE COVER?

This Privacy Notice applies to Personal Data collected through our websites, mobile applications and online services (our "Sites”) that link or otherwise refer to this Privacy Notice, as well as Personal Data that we collect offline while providing our services to you and where the Privacy Notice is displayed or otherwise provided (together with our Sites, the "Services").

Please be aware that this Privacy Notice only applies where we are processing Personal Data as a data controller. If we are providing our Services to you on behalf of another corporation or organization (e.g., your employer), then we may process certain Personal Data as a processor on behalf of that corporation or organization. This may include, for example, your contact information and feedback about your participation in our program. This Privacy Notice does not apply to Personal Data that we receive and process as a processor, and you should contact the relevant corporation or organization if you have any questions about their privacy practices. Please also be aware that our Privacy Notice does not replace or supersede the terms of any agreement between you and your employer.

This Privacy Notice also does not apply to the activities of our affiliate marketing partners (“Affiliates”) who may independently collect and process your Personal Data. 

WHAT PERSONAL DATA DO WE COLLECT?

Information you provide to us

We collect certain Personal Data that you provide to us when you use our Services. For example, to access certain parts of our Services, you may have to register or subscribe for an account. During registration we may collect your name, mailing address and email address. You may also provide us with Personal Data when you post a message on our Sites; participate in meetings; sign up to receive communications from us; participate in surveys; or contact us with a question, comment, or request. The Personal Data that you may provide us includes but is not limited to:

  • Name

  • Mailing address

  • Email address

  • Payment information, including account or card number

  • Organization (most recent)

  • Type of organization (for-profit, non-profit, educational institution, government)

  • Title/role (most recent)

  • Years of professional experience

  • Gender

  • Location

  • Other information you choose to provide us in the course of a program, simulation or survey

Information we collect automatically

Like most companies that offer services online, when you use one of our Sites or interact with us we and our service providers may automatically collect certain technical information from your computer, tablet or mobile device through the use of cookies and other similar tracking technologies. In some countries, including countries in the European Economic Area ("EEA"), Switzerland and the United Kingdom, this information is considered Personal Data. The information we collect automatically includes:

  • IP address

  • Operating system

  • Device type

  • Device manufacturer

  • Device identifier

  • Browser type

  • Name and location of your Internet Service Provider

  • Content viewed on our Sites

  • Features of our Sites that you use

  • Amount of time spent on our pages and how many pages you viewed during your visit

  • Pages viewed immediately before and after you access our websites

  • Your activities over time and across our Sites and within the network of Sites serviced by our service providers, and other companies with which we do business, following your use of one of our Sites

  • Whether you open our electronic communications and where you click within them

Please see our Cookie Notice for more information about our use of cookies and other similar technologies, and your choices regarding the use of these technologies.

Information we collect from third parties

When you use social media platforms, applications or tools that enable features like audio or video content (sometimes known as “plugins”), or other features that are operated or offered by other third party companies (sometimes known as “third parties”) and are integrated into our Sites or allow you to connect to our Sites, we may collect certain Personal Data from those third parties. This may include payment services, login services, and collaboration platforms. Please refer to the privacy settings of the social media platforms or third-party features you use to manage how Personal Data is shared.

We, our service providers, and other third parties with whom we do business may collect Personal Data about you from publicly available sources (e.g., social media platforms) and commercially available resources. We may combine that information with the information described above and will handle the combined information as described in this Privacy Notice.

HOW WE USE THE PERSONAL DATA WE COLLECT

We may use the Personal Data we collect for purposes including, but not limited to:

  • providing you with and communicating with you about our Services;

  • registering and maintaining your account or subscription, and processing your payments in accordance with your instructions;

  • providing you with information and important updates about your account or subscription, our products and Services;

  • responding to your comments and questions, and providing you with information about our Services in accordance with your marketing preferences;

  • personalizing your experience when using our Services;

  • improving or troubleshooting our Services;

  • creating compiled, aggregate, and anonymous information about the users of our Services and how our users interact with our Services ("Aggregated Information");

  • for research purposes in order to develop and improve our products or Services;

  • safeguarding your information;

  • detecting, preventing, and responding to potential fraud, intellectual property infringement, violations of our Terms of Service, violations of law, or other misuse of our Services.; and

  • complying with our legal obligations.

We may combine or aggregate any of the information we collect through our Services and elsewhere for any of these purposes.

HOW WE SHARE THE PERSONAL DATA WE COLLECT

We may share your Personal Data with the following third parties:

  • service providers that perform functions on our behalf, such as payment service providers, collaboration and communication platforms, website hosting services, marketing communications, technical support providers, providers of analytics services, and marketing and survey partners;

  • to third party social media platforms, applications or tools that are integrated into our Sites or allow you to connect to our Sites;

  • to our Affiliates, for example when you have consented to receive communications from them;

  • as required by law, such as to comply with a subpoena or other legal process;

  • when we have a good faith belief that disclosure is necessary to protect the rights or property of our Affiliates, business partners or us, or to protect the safety of you or others;

  • to detect, prevent, or respond to potential fraud, intellectual property infringement, violations of our Terms of Service, violations of law, or other misuse of our Services;

  • to proceed with the negotiation or completion of a merger, acquisition, sale, or other transfer of all or part of our assets or otherwise due to a change to our business structure; or

  • otherwise with your consent.

We do not share your credit card information or other financial information with third parties for their own marketing purposes or other independent use. When we authorize third parties to process credit card payments on our behalf, we require those third parties to comply with applicable Payment Card Industry standards and privacy regulations.

We do not sell, rent, or otherwise give away user lists, users' names, email addresses, or mailing addresses so that advertisers or other third parties may send you advertisements or other solicitations, except where we have your consent to do so.

De-identified information. We may disclose aggregated or de-identified information that is no longer associated with an identifiable individual for research or to enhance and promote our products and services. For example, we may share aggregated or de-identified information with our partners or others for business or research purposes, like partnering with a research firm or academics to explore how our products are being used and how such data can be used to enhance our functionalities and further help our clients and other educational institutions.

You should know that when you voluntarily disclose Personal Data in the course of using our Services (for example, when participating in team meetings or sending messages in our collaboration platforms), that information may be collected and used by other participants. When you are logged into one of our Sites, depending on the service you are logged into, your name may be displayed, and your email address and contact information may be viewed. Be sure to logout of your account and take other steps to ensure that others cannot view that information without your knowledge.

THIRD-PARTY LINKS AND CONTENT

Our Sites and communications may contain links to or content from websites or other online services provided by third parties. We expect our partners and third-party providers to respect your privacy, but you acknowledge and agree that we are not responsible for the collection and use of your Personal Data by websites and other services that are not under our control. The privacy practices of third parties are governed by their privacy policies, and we encourage you to review the privacy policies of all websites and online services that you use, view, or visit.

USE OF COOKIES, WEB BEACONS AND OTHER TRACKING TECHNOLOGIES

We and our third party partners may use cookies, web beacons (also known as pixels), and other technologies to collect information when you use or interact with our Sites. These technologies help us to provide certain features of the Sites, remember your preferences and personalize your experience when using the Sites. Cookies also help us better understand how people use our services through click-stream analysis, which allows us to design a better user experience. We may share the information we collect with third parties, such as service providers and Affiliates as described in this Privacy Notice.

Please note that the specific types of cookies we use depends on the Website you are visiting. For more information about our use of cookies and other similar technologies, including your choices regarding the use of cookies, please see the cookie notice displayed on the Site you are visiting.

For general information about cookies, please visit allaboutcookies.org.

CHILDREN'S PRIVACY

We do not knowingly collect any information from children, which we treat as anyone under the age of 18, and our Services are not directed to, nor do we knowingly collect information from, children under the age of 18. We will not knowingly allow children under 18 to register for our Services. If we discover that we have received any information from a child under 18, we will take reasonable steps to promptly remove that information. If you believe we have collected information from anyone under 18 without parental consent, please contact us via any of the channels listed below.

YOUR CHOICES

In general, if you register to use any of our Services, you may update the Personal Data you have provided to us for any of our Services by visiting the account information page of that service or by requesting that we update the information on your behalf.

When you register for our Services, you may opt in to receive marketing communications from us and (when applicable) the Affiliate that referred you to us. When we send you emails containing offers that may be of interest of you, those emails will contain links via which you may opt out of receiving those communications. 

You will not be able to opt out of receiving certain service-related or transactional communications relating to our Services unless you cancel your registration or subscription.

Even after your account is cancelled, we may retain your Personal Data for certain purposes as described in this Privacy Notice.

If you are a resident of the European Economic Area (EEA), Switzerland or the United Kingdom and want to know more about your privacy rights, please see below.

HOW WE SECURE YOUR PERSONAL DATA

We employ a variety of physical, administrative, and technological safeguards designed to protect Personal Data against loss, misuse, and unauthorized access or disclosure. We also take steps to ensure our service providers process your Personal Data in a secure and confidential manner. We have adopted internal data protection policies and programs and work hard to continuously enhance our technical and organizational security measures.

Our measures consider the sensitivity of the information we collect, use, and store, and the current state of technology.  Our data protection measures include data encryption, firewalls, data use and minimization, and access limitations for our personnel and service providers, and physical access controls to our facilities.

We will only retain your Personal Data so long as we have an ongoing legitimate business need to do so. After expiration of the applicable retention periods, we will either delete or anonymize your Personal Data or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data. 

WHERE WE PROCESS OR STORE PERSONAL DATA

WholeWorks is headquartered in the United States and stores data on servers located in the United States. We may also share your Personal Data with our service providers located in the United States and elsewhere in the world. When we transfer information to service providers, including our website hosting provider, we ensure that the safeguards described in this Privacy Notice are in place to protect your Personal Data.

ADDITIONAL INFORMATION FOR EEA, SWISS AND UK RESIDENTS

If you are a resident in the European Economic Area (EEA), Switzerland or the United Kingdom (UK), the following information also applies to you and supplements the information contained in the Privacy Notice.

Data Controller

WholeWorks, LLC is the data controller of your Personal Data.

As explained above, when we provide our Services to other corporations or organizations (e.g., your employer) we may process certain Personal Data about you on behalf of that corporation or organization acting as a data processor. This Privacy Notice does not apply to Personal Data that we receive and process as a processor, and you should contact your employer or consult with the policies they have in place if you have any questions about their privacy practices.

Legal Basis For Processing

Our legal basis for collecting and using your Personal Data will depend on the Personal Data concerned and the context in which we process it. We typically process your Personal Data:

  • To perform a contract with you, such as to register and administer your account or subscription or to provide our Services to you.

  • With your consent, for example when you have opted in to receiving marketing communications from us.

  • Based on our legitimate interests which do not override your fundamental rights and freedoms, for example when we provide you with information you have requested, improve our Services or process your Personal Data to establish, exercise or defend legal claims.

  • To comply with a legal obligation to which we are subject.

Your Rights In Relation To Your Personal Data

You have the following rights with respect to your Personal Data:

  • The right to request a copy of the Personal Data that we hold about you.

  • The right to request that we correct your Personal Data if inaccurate or out of date.

  • The right to request that your Personal Data be deleted when it is no longer necessary for us to retain.

  • The right to request that we transfer or port your Personal Data directly (in a portable format) to another data controller, in certain circumstances.

  • The right to restrict the processing of your Personal Data, in certain circumstances.

  • The right to withdraw your consent to the processing of your Personal Data, where we rely on your consent to process your Personal Data.

  • The right to object to the processing of Personal Data, where we rely on our legitimate interests to process your Personal Data.

  • The right to opt out of direct marketing.

In order to comply with Art. 27 EU GDPR, we have appointed Maetzler Rechtsanwalts GmbH & Co KG as our representative in the European Union:

PrighterGDPR-Rep by Maetzler Rechtsanwalts GmbH & Co KG
Attorneys at Law
c/o WholeWorks, LLC
Schellinggasse 3/10
1010 Vienna
AUSTRIA

Please add the following subject to all correspondence: ID-15259930

In order to comply with Art. 27 UK GDPR, we have appointed Prighter Ltd as our representative in the United Kingdom:

PrighterUK-Rep by Prighter Ltd
c/o WholeWorks, LLC
Kemp House
160 City Road
London EC1V 2NX
UNITED KINGDOM

Please add the following subject to all correspondence: ID-15259930

If you wish to exercise your privacy rights, you may submit a data subject request by visiting https://prighter.com/q/15259930.

If you would like to submit any other request or query regarding your privacy rights, you should send it to privacy@wholeworks.com.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We hope that we can satisfy any queries you have about the way we process your Personal Data. However, if you have any unresolved concerns you also have the right to complain to the relevant data protection authority. Contact details for data protection authorities in the European Economic Area and Switzerland are available here.

International Transfers Of Personal Data

WholeWorks is headquartered in the United States and stores data on servers located in the United States. Therefore, please be aware that your Personal Data will be transferred to, stored and processed by WholeWorks in the United States and other countries where our service providers and Affiliates are located. The data protection laws of these countries may not provide the level of protection equivalent to the laws in your jurisdiction.

Generally, we need to transfer your Personal Data to the United States in order to enter into or perform a contract with you or where you have explicitly consented to the transfer. Regardless of where your Personal Data is processed, we apply suitable safeguards to protect the privacy and security of your Personal Data and ensure that it is used in accordance with the practices described in this Privacy Notice. When we transfer your Personal Data to our service providers and/or Affiliates we use Standard Contractual Clauses that have been provided by the European Commission in our agreements with them and other lawful mechanisms permitted by data protection law.

CHANGES TO THIS PRIVACY NOTICE

We reserve the right to update this Privacy Notice from time to time by posting a new Privacy Notice on this page. We encourage you to consult this Privacy Notice regularly for any changes, so that you can remain informed about how we are protecting your Personal Data. If you are a registered user of our Services and we make any revisions that materially change the ways in which we use or share the Personal Data previously collected from you through our Services, we will notify you of those revisions by sending an email to the email address listed in your registration.

CONTACT INFORMATION

If you have any questions or comments about our privacy practices, we may be reached at:

WholeWorks
166 Avenida De Compadres
Santa Fe, NM 87508
USA

or at privacy@wholeworks.com.