Last Revised and Effective: September 15, 2020

Thank you for using the services available through the Wormhole mobile application and the website at the domain name Wormhole.com, each, that are provided by Wormhole Labs, Inc. (the “Wormhole Service”).

At Wormhole, we strive to make your online experience with us as entertaining and satisfying as possible. This Privacy Policy describes and governs what information we gather from you, how we use that information, and what we do to protect it. Because the use of the Wormhole Service first requires acceptance of the Privacy Policy, please take a moment to familiarize yourself with it. Specifically, this Privacy Policy governs any personal information and non-personal information collected when you use the Wormhole Service.

Your use of the Wormhole Service and any personal information you provide through the Wormhole Service is at all times subject to this Privacy Policy and the Wormhole Terms of Service and the Wormhole End User License Agreement, each of which is incorporated into the Privacy Policy. By using the Wormhole Service, you expressly consent to the information handling practices described in this Privacy Policy. If you do not want information about you to be collected and used in the manner described in this Privacy Policy, please do not use the Wormhole Service. This Privacy Policy is expressly incorporated into both our Terms of Service and End User License Agreement.

INFORMATION WORMHOLE COLLECTS

In general, the types and amount of personally identifiable information we collect vary depending on the activity. Wormhole endeavors to limit the collection of personally identifiable information to the information we believe is minimally necessary to achieve our stated collection purposes.

Wormhole collects two types of data about Users: (1) information that you or others voluntarily submit to us (described below under User-Supplied Information) and (2) technical data automatically collected from all visitors to the Wormhole Service (described below under Automatically Collected Data).

User-Supplied Information: In using the Wormhole Service, for example when you register with us, or if you send us an email, you will provide Wormhole with data generally called personally identifiable information. If you choose to provide such information, you are giving Wormhole permission to use and store that information consistent with this Privacy Policy. Additionally, please know that when you register or sign in to the Wormhole Service, you are not anonymous to us.

  • Mobile device information: We may store your phone number, as well as information regarding your mobile device, including your mobile phone number, device type, and operating system and information in your mobile phones, address book, or in other applications as permitted by the functionality of such mobile device.
  • Profile Information: To register for the Wormhole Service, you will need to provide information through the online registration form on our website at Wormhole.com or to provide access to the information on your Facebook account through Facebook Connect. By doing so, you understand and authorize us to use all the information exposed to us through our website and/or Facebook Connect under this Privacy Policy. Where you use Facebook Connect to register, this includes your status updates, photos, videos, name, email address, and information regarding your friends on Facebook. You should check your Facebook settings to change the information sent to us through Facebook Connect.
  • Location: You may allow the Wormhole mobile application to have access to your location to provide helpful information and services based on where you are located (i.e., by allowing your mobile device to send us your location) and to display locations where users upload UGC when using the Software and Wormhole Services.
  • App Usage Information: Wormhole collects and stores information on user activity such as how many quests or activities a user completes; user progress to  meet objectives or goals we set as part of the user experience, or; in contest or games the user participates in.

Automatically Collected Data: The Wormhole Service operating on a website automatically logs non-personally identifiable information such as Internet Protocol address (IP Address), a unique user ID, the content and pages that you access on the Wormhole Service and the dates and times that you visit the Wormhole Service. Also, if you come to the Wormhole Service via a link from another site, we may track the source of that link.

Information Regarding Cookies: Like many other websites, the Wormhole Service may send one or more cookies (small text files with a unique identifier that are transferred to your browser) to your computer.  Wormhole may use cookies to track user traffic patterns as described above. Wormhole may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Wormhole Service. Persistent cookies can be removed. You can refuse cookies by turning them off in your browser, however, some features on the Wormhole Service may not function properly if your cookies are disabled. Please review your web browser Help file to modify your cookie settings.

INFORMATION WE OBTAIN FROM OTHER SOURCES.

We may collect information about you from other sources, including from partners and commercially available sources (such as data aggregators and public databases), including YouTube API Services, Google, and Facebook Connect. You can learn more about the associated terms of service and privacy policies via the links below:

For data collected and used by the YouTube API services, Users can review and revoke access to their data via the Google security settings page at https://security.google.com/settings/security/permissions.

THE WAY WORMHOLE USES INFORMATION

Wormhole uses personally identifiable information to establish and enhance our relationship with you. Wormhole does so in compliance with the EU General Data Protection Regulation (the “GDPR”), the California Consumer Privacy Act (“CCPA”), to comply as a service provider with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. Wormhole may use the information that you provide, or that we collect, to operate, maintain, enhance, and deliver the various features and services found on the Wormhole Service as well as to track user-generated content and users to comply as a service provider with the DMCA and other applicable laws.

Wormhole uses the information that we collect from Users to understand and analyze the usage trends and preferences of our Users, to improve the way the Wormhole Service works and looks, and to create new features and functionality. Further, Wormhole may use automatically-collected data to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit Wormhole; (b) monitor your participation in various sections of the Wormhole Service; (c) customize our service to you, including by providing you with recommendations and (c) monitor aggregate site usage metrics such as the total number of visitors and pages viewed.

We may use your e-mail address for administrative communications such as notifying you of major Wormhole Service updates, for customer service purposes, and to send privacy or security-related policies. In certain cases, we may contact you to offer to facilitate an introduction to another company or person, including companies with which we have business relationships. If you do not want to have us contact you for these purposes in the future, you can opt-out.

PURPOSES FOR USE AND LEGAL BASES FOR PROCESSING  PERSONAL INFORMATION

While the purposes for which we may process personal information will vary depending upon the circumstances, in general, we use personal information for the purposes outlined in this section. In this section, we also explain the legal bases for which we process personal information about Users, as required by the EU General Data Protection Regulation (the “GDPR”).

Our Legal Bases For Processing: Pursuant to the GDPR (and other relevant laws), in general, we process your personal information for the following legal bases:

  • Performance of our contract with you: The personal information we collect may be used to perform our agreements with you, including our Terms of Service, the End User License Agreement, and other terms and conditions applicable to the Wormhole Service.
  • Performance of our contract with you: The personal information we collect may be used to perform our agreements with you, including our Terms of Service, the End User License Agreement, and other terms and conditions applicable to the Wormhole Service.
  • For our legitimate business interests: We may process personal information in furtherance of our legitimate business interests in protecting, maintaining and improving the Services; developing new games, features and services; marketing and promoting our Services (including by profiling and marketing to Users); protecting our legal rights and interests; in support of mergers, acquisitions, reorganizations, and other business transactions; and to generally operate and improve our business.
  • In certain corporate transactions: Your personal information may be disclosed as part of any proposed or actual merger, a sale and transfer of Wormhole assets, an acquisition, bankruptcy, or similar event.
  • With your consent: We may process personal information about you based on your consent, for example (where required by law) to send you marketing communications, surveys, news, updates, and other communications.

Purposes of Use and Processing: While the purposes for which we may process personal information will vary depending upon the circumstances, in general, we use personal information for the purposes set forth below. Where GDPR or other similar laws apply, we have set forth the legal bases for such processing (see above for a further explanation of our legal bases)  italicized in parenthesis.

  • Providing the Wormhole Service and related support: including to operate the Wormhole Service; to communicate with Users about their access to and use of the Wormhole Service; to respond to User inquiries; to fulfill User orders and requests; to process payments; to provide troubleshooting and other technical support; to administer contests, programs, and promotions; and for other customer service and support purposes. (Legal basis: performance of our contract with you; and for our legitimate business interests)
  • Protecting the integrity of the Wormhole Service: including to verify your identity; to detect and prevent fraud and unauthorized activities; to facilitate software updates; to secure of our systems and the Wormhole Service; to prevent hacking, cheats and spamming; to enforce our Terms of Service, End User License Agreement, and other applicable policies; and to protect the rights and safety of Users. (Legal basis: performance of our contract with you; compliance with laws; and for our legitimate business interests)
  • Analyzing and improving the Wormhole Service and our business: including to better understand how Users access and use the Wormhole Service; to evaluate and improve the Wormhole Service and our business operations; to develop new features, offerings, and services; to conduct surveys and other evaluations and for other research and analytical purposes. (Legal basis: our legitimate business interests)
  • Personalizing the Wormhole Service: including to tailor content we send or display on the Wormhole Service (e.g., for your geographic area); to offer personalized help and instructions; to tailor your experiences, and otherwise personalize your experiences with the Wormhole Service. (Legal basis: our legitimate business interests)
  • Advertising, marketing, and promotional purposes: including to send or display targeted marketing; to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to send you newsletters, offers or other information we think may interest you; to contact you about the Wormhole Service or information we think may interest you; and to administer promotions, games, and contests. Where required by applicable law, we will obtain your consent to use your personal information for marketing and related purposes. (Legal basis: our legitimate business interests and/or with your consent)
  • Securing and protecting our business: including to protect and secure our business operations, assets, the Wormhole Service, our network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or a third party, or other unauthorized activities or misconduct (Legal basis: our legitimate business interests and/or compliance with laws)
  • Defending our legal rights: including to the right to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with Users or third parties. (Legal basis: our legitimate business interests and/or compliance with laws)
  • Auditing, reporting, corporate governance, and internal operations: including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping, and legal functions; to maintain appropriate business records; to enforce company policies and procedures; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business. (Legal basis: our legitimate business interests and/or compliance with laws)
  • Complying with legal obligations: to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority. (Legal basis: our legitimate business interests and/or compliance with laws)

ADDITIONAL INFORMATION FOR USERS IN THE EEA

Subject to the conditions set out in the applicable law, Users in the European Union/European Economic Area (and in other jurisdictions where similar rights apply) have the following rights regards our processing of their personal information:

  • Right of access. If you ask us, we will confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details).
  • Right to correction (rectification). If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have the information corrected and if we have shared your personal information with others, we will let them know about the rectification where possible.
  • Right to erasure. You can ask us to delete your personal information in some circumstances such as when we no longer need it or if you withdraw your consent (where applicable) by sending an email to support@wormholelabs.com. If you request that we delete your personal information, we may do so by deleting your account(s) with us.
  • Right to restrict (block) processing. You can ask us to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to our use or stated legal basis.
  • Right to data portability. You have the right, in certain circumstances, to receive a copy of personal information we have obtained from you in a structured, commonly used and machine-readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
  • Right to object to marketing. You can ask us to stop processing your personal information to the extent we do so based on our legitimate interests for marketing purposes. If you do so, we will stop such processing for our marketing purposes.
  • Right to object. Where our processing is based on our legitimate interests (other than marketing purposes), we must stop such processing unless we have compelling legitimate grounds that override your interest or where we need to process it for the establishment, exercise or defense of legal claims. Where we are relying on our legitimate interests (other than marketing), we believe that we have a compelling interest in such processing, but we will individually review each request and related circumstances.
  • Rights not to be subject to automated decision-making. You have the right not to be subject to a decision when it is based on automatic processing if it produces a legal effect or similarly significantly affects you unless it is necessary for entering into or performing a contract between us. Wormhole does not engage in automated decision-making.
  • Right to withdraw your consent. In the event your personal information is processed based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
  • Right to lodge a complaint. You also have the right to lodge a complaint with a supervisory authority if you consider that our processing of your personal information infringes the law.

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. Please contact us support @wormholelabs.com if you wish to exercise any of your rights or if you have any inquiries or complaints regarding the processing of your personal information by us.

TRANSFER OF YOUR INFORMATION TO THE UNITED STATES

The Wormhole Service is a worldwide service. All information collected or received by Wormhole in connection with the Wormhole Service is collected in, processed in, or transferred to the United States of America. While your information is in another jurisdiction, it may be accessed by the courts, law enforcement, and national security authorities according to the laws of those jurisdictions. If you are a consumer residing in the European Union, Wormhole relies on the consent of the individual to transfer personal information from the European Economic Area (EEA) to non-EEA countries. By using the Wormhole Service, you expressly consent to such collection, transfer, and processing. Backup data, matchmaking data, and administrative data may also be stored on media or servers located in the United States of America.

ADDITIONAL RIGHTS OF CALIFORNIA RESIDENTS

Below, we provide information, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”), which requires 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 the CCPA.

  • Right to know: If you are a California resident, you may submit, free of charge, but no more than twice in a 12-month period, a verifiable request for the following information; the specific pieces of personal information we have about you; the categories of personal information we collected, sold, or disclosed for a business purpose about you within the last 12 months; the categories of sources from which the personal information was collected; the purposes for which the information was collected or sold; and the categories of third parties to whom the information was sold, disclosed for a business purpose, or otherwise shared.

    To submit a request, please email us at us support@wormholelabs.com. Email requests must include “Your California Privacy Rights” in the subject field
  • .Right to delete: If you are a California resident, you may submit a verifiable request for us to delete any personal information we have collected about you. To submit a request, please email us at us support@wormholelabs.com. Email requests must include “Your California Privacy Rights”
  • Right to be free from discrimination: We may not discriminate against you because you have chosen to exercise your rights, including, for example, by denying you access to our online services or charging you different rates or prices for the same online services, unless that difference is reasonably related to the value provided by your data.
  • Right to opt-out: California residents the right to opt-out of the sale of their personal information. The CCPA defines a “sale” as disclosing or making available to a third party personal information in exchange for monetary or other valuable consideration. This does not include when: you direct us to disclose your personal information or use us to interact with a third party and the third party does not sell the personal information; we use or share an identifier solely to alert a third party you have opted out of the sale of your personal information; your personal information is transferred as an asset as part of a transaction in which the third party assumes control of all or part of our business, in which case the third party would have to tell you in writing if it materially changes how the information is used or shared; and we use or share your personal information under a written contract with a service provider necessary to perform a business purpose. The service provider performs the service on our behalf, and our written contract prohibits it from keeping, using, or disclosing your personal information for any purpose other than for the specific purpose identified in the contract. In these cases, the disclosure of your personal information would not be considered a “sale” under CCPA.
  • Your rights under California’s shine-the-light law: We do not share personal information with unaffiliated third parties for their marketing purposes and will not do so unless you agree to such disclosure. If you are a California resident and you still believe your information has been shared or you have general questions about how your information may have been shared, you may contact us by requesting a list of the third parties to which we have disclosed personally identifiable information about you for their direct marketing purposes. You may make one request per year. To submit a request, please email us at us support@wormholelabs.com. Email requests must include “Your California Privacy Rights” in the subject field.
  • Exercising your rights: To submit a verifiable request or to otherwise contact us for more information about how to exercise your rights, please follow the instructions above. If you would like to designate an authorized agent to make a request on your behalf, please be sure the agent can (i) demonstrate you have provided written permission for the agent to submit the request on your behalf, and (ii) provide proof of his or her own identity. If the agent does not satisfy these requirements, we will deny the request.

HOW WORMHOLE MAY DISCLOSE INFORMATION

Wormhole does not share your personally identifiable information with unaffiliated third parties organizations for their marketing or promotional uses without your prior consent. We may share your personally identifiable information with companies that provide services to us, including outside vendors, service providers, payment processors, contractors, consultants, agents, and affiliated entities who help us manage our business activities. Such entities only use your personal information in accordance with this Privacy Policy and for no other purpose than to provide us with necessary services.

We may allow access to certain content, including personally identifiable information, through our application programming interface (API), as described below

Public video and information access by applications: If you have posted a video as public, certain applications (apps) may access and use, through our API, the video and other publicly available information associated with you (basic information):

  • The public video (including its title, and public comments you include with the video);
  • The name (or pseudonym) associated with your account;
  • The profile image associated with you;
  • The profile URL (which may include user ID) for the account.

If you do not want developers to have access to and use of this basic information through our API, please mark your videos as private.

Also, if you are OK with app access to and use of your video but do not want developers to have access to your real name or profile image (for example, if it is a picture of your face), please use a pseudonym or handle and use a profile image that does not consist of a picture of you

Authenticated access by applications:

Certain apps may want to do the following types of activities:

  • Manage relationships: to manage user relationships such as follow, unfollow, block, and unblock people, and to approve people who want to follow you;
  • Manage comments: to manage and posts comments on your behalf.

We require the app developers to explain what actions they will take and also what information (including personally identifiable information) they need to access to take these actions and to get your approval. Also, we require developers to explain their privacy practices to you by providing a link to their privacy policy or a similar expression of their privacy practices.

Limitations on access by applications: In both cases described above, app developers are not allowed to use your personally identifiable information for marketing or promotional purposes, and are otherwise restricted in their use of your information by the terms of our App Developer Agreement.

REGARDING CHILDREN

Wormhole does not knowingly collect or retain personally identifiable information about persons under 13 years of age or allow third-parties to collect such personal information. Any person who provides their personal information through the Wormhole Service represents that they are 13 years of age or older. If Wormhole learns that personally identifiable information of persons under the age of 13 years has been collected on the Wormhole Service without verifiable parental consent, then Wormhole will take the appropriate steps to delete this information.

If you are a parent or guardian and discover that your child under the age of 13 has obtained a Wormhole Service account, then you may alert Wormhole at support@wormholelabs.com and request that Wormhole deletes that child’s personal information from its systems.

ACCESS TO YOUR PERSONAL INFORMATION

If you register as a member of Wormhole, you may update, correct, or delete your profile information and preferences at any time by accessing the “My Account” area of the Wormhole Service or by emailing us support@wormholelabs.com. To protect your privacy and security, we take reasonable steps to verify your identity before granting account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times. If you close your account, Wormhole may retain certain information about you for the activities described in this Privacy Notice, or as permitted or required by applicable law

DATA SECURITY

Wormhole uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, no data transmissions over the Internet can be guaranteed to be 100% secure. We cannot, therefore, ensure or warrant the security of any information you transmit to Wormhole, and you do so at your own risk. Please know that although we make our best efforts to keep your information secure, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Wormhole learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Wormhole Service or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website. Wormhole may post a security notice on the Wormhole Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach, or to opt-out of receiving electronic notice, you should notify us at support@wormholelabs.com.

INTERNATIONAL VISITORS

The Wormhole Service is hosted in the United States. If you use the Wormhole Service from the European Union or other regions of the world with laws governing data collection and use that may differ from laws of the United States, then please understand that you are transferring your personally identifiable information outside of those jurisdictions to the United States for the uses identified above in accordance with this Privacy Policy. By providing your personally identifiable information on the Wormhole Service you consent to that transfer.

GOVERNING LAW

By choosing to use the Wormhole Service or provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of California. You also agree to abide by any limitation on damages contained in our Terms of Service, End User License Agreement, or other agreement that we have with you

CONTACT

Please contact Wormhole with any questions or comments about this Privacy Policy, your personal information, our third-party disclosure practices, or your consent choices by e-mail at support@wormholelabs.com or by mail at Wormhole Inc., Attn: Privacy Matters, 11878 La Grange
2nd Floor, Los Angeles, CA 90025.

CHANGES AND UPDATES

We may periodically revise this Privacy Policy. Please revisit this page to stay current with any changes. The most recent version of this Privacy Policy will always be available on the Wormhole Service

The effective date of any changes will be posted at the top of this page. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will obtain your consent before implementing the change. Your continued use of the Wormhole Service constitutes your agreement to this Privacy Policy and any future revisions.