Privacy Policy

Last Updated December 13, 2024

This Privacy Policy describes how Tapestri, Inc. (WhoCameBy or “we”) collects, stores, uses and discloses information about users of our Platform Services. Our “Platform Services” means (i) the website located at https://whocameby.com/ (the “Site”), (ii) any services, features, and content downloadable or accessible from the Site (for example, and without limitation, when you log in to your Account via the Site) and (iii) any other WhoCameBy application, software, product, or service licensed, downloaded or otherwise accessed by you, whether through WhoCameBy or third party websites or sources, other than the SDK (as defined below).

This Privacy Policy (Users of Platform Services) (this “Privacy Policy”) is incorporated into and is subject to our Terms of Use at https://whocameby.com/terms-of-use (the “Terms of Use”). By using the Platform Services, you agree to WhoCameBy's collection, storage, use and disclosure of your information as described in this Privacy Policy. If you disagree with anything in this Privacy Policy, please do not use the Platform Services.

  1. WHO ARE “YOU”?

    2. We refer to “you” a lot in this Privacy Policy. As used in this Privacy Policy, “you” refer to “WhoCameBy Customers”, which means direct users of WhoCameBy's Platform Services. Categories of WhoCameBy Customers may include, among others, users of our data analytics. WhoCameBy Customers may be retail stores, restaurants, brands, researchers, and advertising agencies, just to name a few examples. Users of the Site are also WhoCameBy Customers.

    We have a separate privacy policy relating to individuals who use mobile apps developed and operated by third parties that have integrated our software development kit (the “SDK”), from which WhoCameBy receives or collects certain information and data (such individuals are referred to herein as “Consumers”). If you are a Consumer, please refer to that privacy policy at https://whocameby.com/privacy-policy

  2. HOW DOES WhoCameBy WORK?

    3. WhoCameBy's technology is deployed, via integration of our SDK, in thousands of mobile apps and millions of devices. WhoCameBy's technology collects data, such as geolocation data, which is scrubbed of any personally identifiable information to protect the privacy of Consumers. Using the aggregated data, WhoCameBy provides data analytics and actionable insights to WhoCameBy Customers. Such data analytics and actionable insights may include foot traffic patterns and Consumer preferences, among many other examples.

  3. INFORMATION WE COLLECT

    4. If you are a WhoCameBy Customer, we may receive (a) information provided by you and (b) information that is automatically collected.

    (a) When you use the Platform Services, we may collect information that you provide, through our lead generation forms, or when you register for an account, which may include your name, your company name, telephone number, email address, mailing address, billing and payment information, and your preferences. Other ways you may provide us information on the Platform Services, pay for the Platform Services, send us customer service questions or support requests, or when you upload your Customer Data as described in WhoCameBy's Terms of Service.

    (b) When you use the Platform Services, we may also automatically collect other information about you, such as IP address, browser type, domain names, referring website addresses, access times, web log data, and other event information. Such automatic collection of information may be enabled by cookies, pixels, or other tools. Please refer to the settings for your device, web browser, and operating system for more information on how to disable such tools and control your preferences.

    Note about Personally Identifiable Information

    “Personally Identifiable Information”, as the term is used in the United States, or “Personal Data” as referred to for individuals pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2021 and the European Directives 95/46/EC and 2002/58/EC (EU General Data Protection Regulations Legislation, also known as GDPR) (hereinafter “PII”), is information relating to an identified or identifiable natural person.

  4. HOW WE USE THE INFORMATION WE COLLECT

    5. We use the information collected from WhoCameBy Customers for our business, including, without limitation:

    (a) To operate, maintain, enhance, and provide all features of the Platform Services

    (b) To provide support to WhoCameBy Customers;

    (c) To understand and analyze the usage trends of WhoCameBy Customers;

    (d) To improve the Platform Services, and to develop new products, services, features, and functionality.

    We may also use your email address or other information to contact you for administrative or customer service purposes, and to send other business communications to you, such as updates about our Platform Services.

  5. INFORMATION SHARING

    6. We may disclose personal information collected from WhoCameBy Customers under the following circumstances:

    (a) To Service Providers. We work with service providers to provide application development, hosting, maintenance, and other services for us. We may transfer, and these service providers may have access to or process, information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.

    (b) To Comply with Laws. We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

    (c) To Protect Our Legal Rights. We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to: (i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third party claims or allegations; (iv) protect the security or integrity of the Platform Services and any facilities or equipment used to make the Platform Services available; or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

    (d) In Corporate Reorganizations. Information may be disclosed during due diligence or in preparation for or after an acquisition or merger, consolidation, change in control, transfer of substantial assets, financing, reorganization or similar corporate transactions with requirements for the receiving party to maintain the confidentiality of such information, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

    (e) To Analytics Providers. We use analytics services such as Google Analytics to collect and process certain analytics data. You can learn more about Google's practices by visiting https://www.google.com/policies/privacy/partners. To help us understand how you use our Platform Services and to help us improve them, we automatically receive information about your interactions with our Platform Services, like the pages or other content you view, the searches you conduct, purchases you make, and the dates and times of your visits.

    (f) For cross-contextual advertising on other sites across the web. In certain cases, for example, when you visit WhoCameBy's website in a non-logged-in state, we will place a tracker in your browser that allows us to show you WhoCameBy content on other websites. California and Virginia users can opt-out of this tracking here

  6. RETENTION

    7. When we collect Personal Data, we keep it for as long as we need it for the purpose for which it is being processed. For example, we will retain your email information for as long as the Platform Services are active or as needed to provide the Platform Services to you. After that, we will keep the Personal Data for a period which enables us to handle or respond to any complaints, queries or concerns relating to your use of our services. We retain the data we collect directly for targeting purposes for as little time as possible, after which we employ measures to permanently delete or de-identify the data. We will periodically review the Personal Data we hold and delete it securely when there is no longer a legal, business, or consumer need for it to be retained.

  7. YOUR CHOICES

    8. You may, of course, decline to disclose certain information to us, in which case we may not be able to provide to you some of the features and functionality of the Platform Services.

    If you wish to access or amend any other PII we hold about you, you may contact us at [email protected]. Please note that while any changes you make will be reflected in our databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

    If you receive commercial email (e.g., promotions) from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us at [email protected] or by writing to us at the address at the end of this Private Policy. Please be aware that it may take up to ten (10) business days for us to process your request, and you may continue to receive commercial email from us during that period. Additionally, even after opting out from receiving commercial email from us, WhoCameBy Customers will continue to receive administrative messages from us regarding the Platform Services.

    Some of our advertising partners are members of the Network Advertising Initiative (https://optout.networkadvertising.org) or the Digital Advertising Alliance (https://optout.aboutads.info). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.

    Under California law, California residents who have an established business relationship with us may choose to opt out of the disclosure of PII about them to third parties for such third parties' direct marketing purposes. Our policy is not to disclose PII collected online to any third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, please email [email protected].

  8. SENSITIVE DATA

    9. Business owner or consumer shall not use the WhoCameBy Platform or WhoCameBy Services to collect, transmit, provide, or otherwise make available through the WhoCameBy Platform "sensitive data" about a natural person; financial account numbers; insurance plan numbers; any precise information that may be deemed related to HIPPA, health or medical conditions that could be implied or reasonably assumed using the WhoCameBy Services; any government-issued identifiers (such as a Social Security number); and other "sensitive data" described by the Applicable Data Protection Laws. Any information about a minor under the age of 16 is also "sensitive data."

  9. THIRD PARTY SERVICES

    10. The Platform Services may be integrated with, or contain features or links to, mobile apps and services provided by third parties. Any information you provide on third party mobile apps and services is provided directly to the operators of such mobile apps and services and is subject to those operators' policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of such third parties. We encourage you to learn about third parties' privacy and security policies before providing them with information.

  10. DATA SECURITY

    11. We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

  11. CHILDREN'S PRIVACY

    12. The Platform Services are not directed to children under the age of 13. We do not knowingly collect any information at all from children under the age of 13. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at [email protected].

  12. INTERNATIONAL TRANSFER

    13. We may transfer information that we collect about you to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Economic Area (EEA) or other regions with laws governing data collection and use that may differ from U.S. laws, please note that you are transferring information, including PII, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and the use and disclosure of information about you, including PII, as described in this Privacy Policy.

  13. EUROPEAN ECONOMIC AREA AND CALIFORNIA APPENDICES

    14. If you are located in the European Economic Area (EEA), please further see Appendix A at the end of this Privacy Policy. If you are a California resident, please further see Appendix B at the end of this Privacy Policy.

  14. CHANGES AND UPDATES TO THIS PRIVACY POLICY

    15. We may update this Privacy Policy from time to time. Please revisit this Privacy Policy periodically to stay aware of any changes. If we modify this Privacy Policy, we will make it available through the Platform Services, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address if we have one on file, or generate a pop-up or similar notification when you access the Platform Services for the first time after such material changes are made. Your continued use of the Platform Services after the revised Privacy Policy has become effective indicates that you have read, understood and agreed to the latest version of this Privacy Policy.

  15. DISPUTE RESOLUTION

    16. This Privacy Policy shall be governed by the laws of the State of Illinois without regard to conflict of laws provisions. Any dispute, claim or controversy arising out of or relating to this Privacy Policy shall be subject to the dispute resolution provisions in our Terms of Use.

  16. HOW TO CONTACT US

    17. Please contact us with any questions or comments about this Privacy Policy, information we have collected or otherwise obtained about you, our use and disclosure practices, or your consent choices by email to [email protected] or by physical mail to:

    Tapestri , Inc.
    P.O. Box 9524
    Naperville, IL 60567
    USA