PLEASE READ THIS PRIVACY POLICY CAREFULLY.  By using Wakee Technology, Inc.’s website (the “Website”), or any of the services offered thereby (the “Services”), you accept and agree the following privacy policy (the “Privacy Policy”), and you are consenting to our collection, use, disclosure, retention, and protection of personal information as described in this Privacy Notice.  If you do not provide the information we require, we may not be able to provide all of our Services to you.

Wakee Technology, Inc., (referred to herein as “Wakee”, “we”, “our”, or “us”) values and respects your privacy rights and recognizes the importance of protecting your information.   This privacy policy (“Privacy Policy”) explains what personal data we collect from you and how we use it.

This Privacy Policy is incorporated by reference into the Wakee Terms of Use and is subject to the terms therein, including but not limited to GDPR compliance requirements that may apply to you to the extent that you have customers that reside in the EU, or otherwise handle or otherwise have access to Personal Data (as that term is defined in Regulation (EU) 2016/679, generally known as the General Data Protection Regulation or GDPR).

The Cookie Policy describes how and when we use cookies, and the possible effects of disabling them.  It is incorporated by reference herein.

1.             SCOPE.  

1.1          This Privacy Policy applies to the collection, use, and disclosure of personal information by us through the Services.   This Privacy Policy does not apply to any information not collected through the Services.

1.2          “Personal information” is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that Wakee has or is likely to have access to.  We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.

2.             COLLECTION.

2.1          How We Collect.  We may collect personal information from you when you use or access our Services, including but not limited to, when you sign up for the Services, when you send us personal information of your customers, or when you otherwise correspond with us or other users in connection with your use of the Services.

2.2          What We Collect.  The personal information we collect includes, but is not limited to, the following:

•              Identifying information such as your name, address, phone numbers, and e-mail address;

•              Financial information such as your bank account and credit card information;

•              Information used to fulfill your transactions, such as the personal information of your customers;

•              Your business information, should you make it available via Wakee;

•              Device IDs or other unique identifiers;

•              Usage statistics, page views, referral URLs, your IP address, and web log information;

•              Past transaction information; and

•              Information collected via cookies and similar technologies.

3.             USE, RETENTION, AND CORRECTIONS.

3.1          How We Use Personal Information.  We will never sell personal information to third-parties for advertising or marketing purposes.  Personal information you provide will be used to provide and improve the Services and to personalize the Services for you.  This includes, but is not limited to, providing customer service, corresponding with you, and to protect the integrity and operation of the Services.

3.2          Duration of Retention.  We will keep personal information you provide as long as there is a reasonable basis to do so, whether to enforce any relevant law, the provisions of any agreement, to resolve any past, current, or future dispute, or any other business, tax, or legal purpose.  When we dispose of personal information, we will do so in a secure manner.

3.3          Corrections.  You may request correction of any personal information that is incorrect by contacting us at support@wakee.com.

4.             YOUR CHOICES.  

4.1          You May Decline to Provide Information.  You may decline to submit personal information and/or disable webpage cookies.

4.2          Effect of Declining to Provide Information.  If you decline to submit personal information or any portion thereof, you may experience materially reduced Services quality, including but not limited to, the inability of Wakee to provide payment provider services (which may result in your inability to retain Contractors or bill Clients).  However, you acknowledge and agree that any resulting inability to provide the Services, or any resulting degradation thereof, shall not be grounds for any claim of breach, damages, or other liability; nor shall it in any way relieve you of your obligations to Wakee.

4.3          You May Request Deletion of Personal Information.   You may request that Wakee delete personal information (either your own, or a third-party’s at said third-party’s request).  However, you acknowledge and agree that doing so shall relieve and release Wakee from any liability, obligation, claim, or other damages related to or arising from said personal information, including but not limited to any obligation with respect to any payments made or not made by Clients; or services provided or not provided by Contractors.

4.4          No Sensitive Information.  You acknowledge and agree that the information you are providing to Wakee for the purposes of performing the Services is not sensitive in nature (i.e., is not personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, etc.).

5.             LEVEL OF SECURITY.

5.1          How Secure It Is.  Wakee shall use commercially reasonable measures inline with industry standards to protect your information, including but not limited to electronic and administrative safeguards designed to help make personal information secure.   We will make reasonable attempts to provide you with notice in the event of a security breach.  Without in any way limiting the foregoing, Wakee uses the following security protocols in its operations:  SSL, secured websockets, user authentication, encryption, and PCISS for payment methods.

6.             DISCLOSURE.

6.1          When Will We Disclose Personal Information.  We may share personal information with third-parties when necessary to provide the Services (such as to our vendors or to other users to enable transactions between users), when we have a good faith belief it is necessary by law or to respond to legal process, to protect the safety and lives of people, to protect the rights or property of Wakee, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, and with your consent.  We shall not disclose personal information to third-parties for their advertising and marketing purposes absent your express consent.

6.2          Disclosure to Sub-Contractors and Agents.  Wakee may use the services of other companies in order to provide the Services.  Such companies shall be given only the personal information needed to perform those services, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.  We have contracts in place holding such companies to the same standards of confidentiality by which Wakee is governed.  Wakee shall make commercially reasonable efforts to enforce such terms on such companies.  However, Wakee shall not be liable to you for such companies failure to adhere to such confidentiality terms.  You hereby consent to the foregoing.  To the extent that your personal information is subject to the GDPR, Wakee shall provide notice to you upon any change of any sub-processor of such personal information.

7.             OTHER.

7.1          Correcting Personal Information.  You agree to notify Wakee of personal information that you are aware has errors.

7.2          Changes.  We reserve the right to make changes to this Privacy Policy at any time.  Your continued use of our Services will signify your acceptance of any changes to our Privacy Policy.  

If there is a substantive or material change in the way that we use personal information, we will notify you via email of the relevant changes or provide other prominent notice.

7.3          Third-Parties.  This Privacy Policy applies to Wakee’s use of personal information, but does not apply to the activities of any third-party.  If you disclose personal information to others, their privacy policies and practices will apply.  Wakee shall not be liable or in any way otherwise responsible for any use of personal information by such third-parties.

7.4          Contact Us.  If you have any questions, concerns, or complaints related to or regarding the above please contact us at support@wakee.com.