Privacy Policy
Last updated July 10, 2024
This Privacy Policy applies to your access and use of the Waymark website located at www.waymark.com(the “Site”) and related services (the “Services”), operated by Waymark I, Inc.(“Waymark,” “we,” or “us”). By accessing or using the Site or any Services, you agree that you have read and agree to be bound by this Privacy Policy. If you don’t agree, please do not use the Site or Services.
This Privacy Policy describes our practices regarding the gathering, use, and sharing of information we may receive when you use the Site or Services.
INFORMATION WE COLLECT
Personal Information. The types of information we collect that identify you or relate to you as an individual (“Personal Information“) may include things such as the following:
1. Name, date of birth, mailing address, telephone number, e-mail address, username and password (for account administration), when you supply this information voluntarily;
2. Device ID, including IP address, which are automatically collected and, while they don’t identify you as an individual, do identify a particular computer or mobile device;
3. Financial account information and other payment information (that you submit to us for order processing);
4. Additional Personal Information you may submit as necessary for creating an account or for the administration of particular promotional events, such as sweepstakes or contests;
5. The content or material you submit for inclusion in advertisements to be created via the Services if such material includes pictures of other information which may identify you or others;
6. The content or material we may gather from your or third-party website(s) or social media pages for inclusion in advertisements to be created via the Services if such material includes pictures of other information which may identify you or others, all of which will be shown to you for your approval prior to being included in any advertisements for publication.
Other Information. Other types of data will also be collected periodically, such as:
1. Type of browser and operating system, mobile application usage data, and aggregated information such as “click stream” information which means entry and exit points (including referring URLs or domains), traffic statistics, page views, and impressions, all of which are collected automatically;
2. Demographic information you choose to submit and which we may combine on an anonymous basis with similar information from other users;
3. Location-based data which may be generated by your device;
4. Information collected through cookies, web beacons, pixel tags and other technologies described in more detail later in the Cookies and Web Beacons section of this Privacy Policy;
5. Device Information – Device type and operating-system identification.
HOW WE USE INFORMATION
We may use Personal Information about you for purposes described in this Privacy Policy or as otherwise disclosed to you through the Waymark Services. This includes the following:
1. Process and manage your purchase and use of our products and services;
2. Respond to your inquiries or requests, and to post your comments or statements on message boards, in our online forums or on our social media accounts;
3. Create and deliver personalized promotions based on your purchases and other interactions with us;
4. Send you communications about offerings from Waymark and our affiliated companies;
5. Enable your use of any sharing functions via our Services, such as making drafts of advertisements available for temporary online viewing and approval by your colleagues or clients. When you use this functionality, you acknowledge and agree that you are permitted to use and provide us with the necessary contact information for any person(s) with whom you wish to share access for approval purposes;
6. Improve our Site and Services, including to perform data analysis, audits, fraud monitoring and prevention, identify usage trends, determine the effectiveness of our promotional campaigns, and to operate and expand our business activities.
USE OR SHARING OF PERSONAL INFORMATION
Except as set forth below, we will not knowingly disclose your Personal Information to anyone outside of Waymark and our related companies.
• To Perform Services For You: We may disclose your Personal Information to third-party service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, email delivery, product shipping, payment processing, auditing and other similar services necessary to the Site and any Services you request or products you order. Such sharing shall not permit a third-party recipient to sell your Personal Information or use it for any purpose other than to fulfill its obligations to Waymark.
• Corporate Transactions or Events: We may disclose your Personal Information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
• Compliance with Law: We may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliated companies; (6) to protect the rights, privacy, safety or property of Waymark or others; and (7) to enforce our terms and conditions.
• Third Party Marketing: We may, from time to time, share the information you provide to us with trusted third-party marketing partners that we believe offer products or services that may be of interest to you. If you would like us to stop providing your information to our third-party marketing partners, you may opt-out from any future sharing by emailing us at team@waymark.com, or sending a letter to us at 1555 Broadway Street Floor 3 Detroit, MI 48226.
USE OR SHARING OF OTHER INFORMATION
Non-personal information may be used for any purpose not prohibited by law. For example, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all information that does not identify an individual (or that has been modified to remove individual identification).
RIGHT TO ERASURE OF PERSONAL INFORMATION (RIGHT TO BE FORGOTTEN)
Waymark will, upon request, allow you to have your personal information deleted from Waymark systems if continued processing of such information is no longer justified, except where the burden or expense of fulfilling this request would be disproportionate to the risks to your privacy or where the rights of persons other than you would be violated.
If you seek to exercise your privacy rights, please submit your request to privacy@waymark.com. Waymark is committed to resolving any inquires or complaints about our collection or use of your personal information, and as such, will respond to your privacy request within 30 days of receipt.
COOKIES, WEB BEACONS AND ONLINE ADVERTISING
• What Are Cookies? Waymark and its agents use small text files called cookies, (collectively, “Cookies”). Cookies are small pieces of data that we and our agents place in your computer’s browser to store your preferences. Cookies are not themselves personally identifiable, but may be linked to Personal Information that you provide to us through your online interaction with us.
• How We Use Cookies: We use Cookies so that we can improve your online experience –for example, by remembering you when you come back to visit us, and making the content you see more relevant to you. Cookies also enable us to track online purchases made through the Waymark Site and Services.
• Your Control of Cookies: Web browsers allow some control of most Cookies through the browser settings. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit http://www.allaboutcookies.org. Please understand, however, if you disable Cookies, some features of the Waymark Site or Services may not work as well (or at all) for you.
• Online Advertising: We use Cookies and other technologies, such as pixel tags, web beacons, and clear GIF files, to help manage our online advertising program.
These technologies may enable us (or third-party advertising services we work with) to learn which advertisements bring users to the Waymark Site and Services. They also may enable us (or third-party advertising services we work with) to track the actions of users online over time and across different web sites or platforms to measure statistics of our marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience. As of this time, our Site is not configured to respond to do-not-track signals from a browser. For information about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visit http://www.aboutads.info/choices. In addition, some third-party businesses may provide a mechanism to opt-out of their technology. For more information about the opt-out process, visit the Network Advertising Initiative website, available at: http://www.networkadvertising.org/managing/opt_out.asp.
SOCIAL NETWORKING AND THIRD-PARTY SITES
When you sign in or link to the Waymark Site or Services through any social networking service, such as Facebook, any information you supply (or have supplied) to us becomes subject to the privacy policy of that social network/service. We do not control, and are not responsible for, the privacy practices of such networks or services. You should consult the privacy policy of such networks/services. If you post information in a public forum it becomes public information. In addition, we may disclose your Personal Information in order to identify you to anyone to whom you send communications through the Waymark Site or Services, including through our gifting program. The Waymark Site and Services may provide links to other sites or services. If you use such other sites or services, check their privacy policies. We are not responsible for the privacy practices of any other site or service.
CALIFORNIA RESIDENTS
Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” any of our users who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or corporate affiliates for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties and affiliates with which information was shared. Also, under the California Consumer Privacy Act of 2018, you have the right to request that Waymark delete any of your Private Information that we may have collected, though some exceptions under that law may allow us to keep certain types of Private Information in some circumstances. We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.
If you are a California resident and would like to request a copy of this notice, a list of the Private Information we’ve collected or that we delete such Private Information please submit a written request to the following address: 1555 Broadway Street Floor 3 Detroit, MI 48226. Alternatively, you can email us at team@waymark.com with your request. Please clearly state your request and highlight that it is a “California Privacy Request.” Please allow at least thirty days for a response.
PRIVACY POLICY AND THE EUROPEAN ECONOMIC AREA
For those within the European Economic Area (the “EEA”) for purposes of the General Data Protection Regulation (“GDPR”) you have the following rights under GDPR: the right to request Waymark for copies of your personal data; the right to request that Waymark corrects any information you believe is inaccurate or complete any information you believe is incomplete; the right to request that Waymark erase your personal data, under certain conditions; the right to request that Waymark restrict the processing of your personal data, under certain conditions; the right to object to Waymark’s processing of your personal data, under certain conditions; the right to request that Waymark transfer the data that we have collected to another organization, or directly to you, under certain conditions. If the Waymark Site links to any third-party websites, our privacy policy applies only to the Waymark Site.
If you are covered under the GDPR and would like to contact us regarding your personal data, please submit a written request to the following address: 1555 Broadway Street Floor 3, Detroit, MI 48226 or to team@waymark.com. In your request, please specify that you are making a request pursuant to GDPR and give specific items that you’re requesting. Please allow at least thirty days for a response.
CHILDREN
The Waymark Site and Services are not intended for children under the age of 13. We will not knowingly collect any personally identifiable information from children under the age of 13. If we learn that we have obtained any personally identifiable information from a child under age 13, we will delete that information.
SECURITY
We strive to use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the Waymark Site and Services. However, no system is perfect or can guarantee that unauthorized access or theft might not occur.
U.S. SITE
Our business is located in the United States. Our online privacy practices are governed by the laws of the United States and the State of Michigan. By using any of the Waymark Site and Services, you understand and agree that any information you submit or is gathered about you will be transmitted to and stored in the United States. You further consent to the use and disclosure of that information in accordance with applicable U.S. Federal and State laws and with this Privacy Policy.
CHANGES AND UPDATES
We will notify you of substantial changes to this Privacy Policy as soon as is practicable. If you have provided us with your email address, we will make every attempt to also notify you of material changes to this Privacy Policy that affect your substantive rights by sending an email at least thirty (30) days before the effective date of such changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to this Privacy Policy. If you do not agree to the new terms, you should stop using the Waymark Services, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at team@waymark.com and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.
Notice Regarding Dispute Resolution: Waymark’s Terms of Use contain provisions governing how any claims that may arise between you and Waymark will be resolved (see Legal Disputes and Arbitration Section), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit any claims you might have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section found in our Terms of Use.
