Privacy Policy (Limited Application to Specific Regions)

Last Modified: September 30, 2024

CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act (CCPA), California’s “Shine the Light” law, and the California Online Privacy Protection Act provide consumers who are California residents with specific rights regarding their Personal Information. If you are a California resident, this section provides you with additional information, describes your rights and explains how to exercise those rights.

Categories of Information Collected

In the 12 months preceding the Last Updated date of this Notice, we have collected or received the following categories of Personal Information. Items in bold font indicate types of Personal Information we have collected about consumers. Items that are underlined were collected about job applicants and employees.

Category	Types of Information Collected	Purpose for Collection
A. Identifiers.	Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security or social insurance number, passport number, driver’s license number.	Product and Service Contacting Us Website Contacts Website/Online Services Product and Service Improvement Social Media Resellers/Dealers Account and Relationship Management Employment
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Name, signature, social security or social insurance number, physical characteristics or description, address, telephone number, passport number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	Product and Service Contacting Us Website Contacts Website/Online Services Product and Service Improvement Social Media Resellers/Dealers Account and Relationship Management Employment
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, pregnancy or childbirth and related medical conditions).	Product and Service Improvement Employment
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Product and Service Improvement Account and Relationship Management
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Website Contacts Website/Online Services Account and Relationship Management
I. Professional or employment- related information.	Current or past job history or performance evaluations.	Product and Service Improvement Account and Relationship Management Employment
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Product and Service Improvement Account and Relationship Management Website/Online Services

In the 12 months preceding the Last Updated dated of this Notice, we have disclosed the following categories of Personal Information for a business purpose as described above:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category I: Professional or employment-related information.

Category K: Inferences drawn from other personal information.

Right to Information

Subject to certain limits, you may ask us to provide the following information for the 12-month period preceding your request:

The categories of Personal Information we collected about you;
The categories of sources from which the Personal Information was collected;
The business or commercial purpose for collecting the Personal Information;
The categories of third parties with whom we shared the Personal Information;
If we disclosed Personal Information for a business purpose, a list of the disclosures including the Personal Information categories that each category of recipient received; and
The specific pieces of Personal Information we collected about you.

We do not provide these information rights for Personal Information that we obtain through a business-to-business (B2B) relationship. If you are not a California resident, you do not have any rights under the CCPA and your request may be denied.

Right to Delete

You also have the right to ask us to delete any Personal Information that we have collected about you, subject to certain limitations as set forth under CCPA. We may deny your deletion request if the information is necessary for us or our service providers to, among other things, provide a good or service you requested, take actions reasonably anticipated in the context of our business relationship with you, perform a contract we have with you, detect and protect against security incidents or illegal activity, comply with a legal obligation, or exercise a right provided for by law.

Right to Nondiscrimination

We will not discriminate against you if you exercise your privacy rights under California law, including by:

Denying you goods or services.
Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Providing you a different level or quality of goods or services.
Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, the CCPA permits us to offer you certain financial incentives that can result in different prices, rates, or quality levels, which are related to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We do not offer financial incentives at this time. 

Under the CCPA, we are required to tell you if we “sell” or “share” information. A “sale” means to share with a third party for monetary or other valuable consideration. “Share” means to share with a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration. Please note we do not currently “sell” or “share” your personal information.

Submission of Requests for Information or to Delete

If you are a California resident, you may submit a request for information or a request to delete by:

Emailing us at privacy@whill.inc – please provide your name, telephone number, and type of request (that is, a request for categories of information, a request for specific pieces of information, and/or a request to delete).

What We May Need from You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. 

Verifying Your Identity: To protect your privacy and security, we will take reasonable steps to verify your identity before providing your Personal Information and before deleting your information. Only you or someone legally authorized to act on your behalf may make a verifiable request related to your Personal Information. For example, if you make a request, we will ask you to confirm your name, email address, and/or [other data fields] to verify your identity, so that we can help protect your information. 

Requests from Authorized Agents: If you live in California, you may designate an authorized agent to make a request for you. If you designate an authorized agent to make a request on your behalf, we may require you to verify your identity and provide the authorized agent’s identity and contact information to us.

Responses to Requests

We do not charge a fee to respond to your request unless it is repetitive (more than twice in a 12-month period) or excessive. We generally will respond to your request within 45 days of its receipt. If we need more time to respond, we will inform you of the reason and we may take up to an additional 45 days to respond.

No Fee Usually Required

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

CANADIAN PRIVACY RIGHTS

If you are a Canadian resident, this section describes some of the additional rights you have and explains how to exercise those rights.

Correcting or Changing Your Information

If your Personal Information changes and you need to update it with us, you can do so by logging into your account with us (if you have one) and making any changes to the information stored there.

If you wish to amend, correct, update, or delete Personal Information we have collected about you or to opt-out of any programs to which you have previously opted-in, please contact us via email at privacy@whill.inc , and we will attend to your request and make any necessary revisions, generally within 30 days after receiving your request. We reserve the right not to change your information if we believe the rights of another individual might be violated. 

This provision applies only to Personal Information and not to information that is not personally identifiable that may be gathered by cookies or from IP addresses or to aggregated information.

Access to Your Information

If you want to access the Personal Information we have collected about you and how it is used or disclosed by us, please contact us via email at privacy@whill.inc. After confirming your identity, we will generally provide the requested information at no charge to you unless we have a legal basis to charge you a reasonable fee in which case we will notify you in advance of the approximate cost of processing your request. If we are unable to provide you with your Personal Information, we will tell you why. In addition, you may have the option of complaining to the Office of the Privacy Commissioner of Canada or to your province or territory’s privacy commissioner.

RESIDENTS OF THE EUROPEAN ECONOMIC AREA

WHILL, Inc.

President: Satoshi Sugie

HPB2F 2-1-11 Higashi Shinagawa, Shinagawa-ku, Tokyo, Japan

privacy@whill.inc

International Data Transfers

WHILL primarily stores the collected Personal Information in Japan. To facilitate our global operations, staff who work for WHILL and/or our service providers may transfer and access such Personal Information from locations around the world. This will involve transferring your Personal Information outside the European Economic Area (EEA). 

We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Notice. 

Whenever we transfer your Personal Information out of the EEA, we will ensure one of the following safeguards is implemented:

We will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission; or
We may use specific contracts approved by the European Commission which give Personal Information the same protection it has in Europe; or
We will ensure there is some other protection in place which has been approved by the European Commission as giving Personal Information the same protection it has in Europe.

E.U. Privacy Rights

Under certain circumstances, individuals within the European Economic Area have rights under data protection laws in relation to your Personal Information as set out below:

Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Depending on your location, you may have the right to file a complaint with a government regulator if you are not satisfied with our response.

In cases where you request the above, please contact at privacy@whill.inc.

Request to object to the processing of your Personal Information to Supervisory Authorities. You also have the right to object to the processing of the Personal Information you provide to the supervisory authority in accordance with the GDPR. To obtain more information thereof, please contact the supervisory authority in your country.

Legal Bases For Processing

We have set out below a description of some of the legal bases we rely on to process your Personal Information. Note that we may process your Personal Information for more than one lawful ground depending on the specific purpose for which we are using your Personal Information. Please email: privacy@whill.inc, if you need details about the specific legal grounds we are relying on to process your Personal Information where more than one ground has been set out below. 

Contracts. Where we need to perform the contract we are about to enter into or have entered into with you.
Legitimate Interests. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. The following are non-exhaustive examples of where WHILL relies on legitimate interest to process Personal Information: 
1. WHILL has a legitimate interest in processing Personal Information during the employee recruitment process and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job.
2. WHILL has a legitimate interest in processing Personal Information relating to our existing or prospective resellers and dealers in order to manage our business relationship and provide communications and information that may be of interest.
3. WHILL has a legitimate interest in using cookies as outlined above in the cookie section of this Privacy Notice.
4. WHILL has a legitimate interest in surveying prospective and actual customers for the purposes of improving its products and/or services. 
Legal Obligations. Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your Personal Information

Data Sharing

We may share your Personal Information for the purposes set out in this Policy with the following third parties. We shall comply with the privacy related laws applicable to these situations.

*Our affiliated companies

*Attorneys, Accountants, and other professionals to run our busines

*Financial Institutions

*Service providers and suppliers

*Service partners

Data Retention

We will only retain your Personal Information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.

In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.