Effective Date: May 1, 2021
This Website (Site) is operated by WHITESPACE, LTD (Whitespace); materials on the Site are owned, for the most part, by WHITESPACE. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and WHITESPACE.
All materials contained in this Site are protected by United States federal and international trademark and copyright laws and must only be used for permitted purposes. You may only view or download material from this Site for Your own use, and You must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or any other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless You have obtained the prior written consent of WHITESPACE or unless it is expressly permitted by this Site. The material covered by this prohibition includes, but is not limited to, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Website or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Site can be made by contacting WHITESPACE in writing at firstname.lastname@example.org.
You are also strictly prohibited, without the prior written consent of WHITESPACE, from creating works or materials that derive from or are based on the materials contained in this Site including by way of example and without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
The Site may provide You with the opportunity to upload or provide messages, ideas, feedback, comments or other content (“Content”). If the Site does provide You with such an opportunity, You understand and agree that WHITESPACE has the right in its sole discretion, but is not obligated to, monitor, edit, and remove any posted Content, and assumes no liability for any such Content. You warrant that You own or otherwise control all of the rights to such Content, that it is accurate, and that its use does not violate these terms and will not injure any person or entity. You further agree not to upload, post or otherwise make available Content that is protected by a third party’s copyright, trademark or other proprietary right without the express permission of the third-party owner of the copyright, trademark or other proprietary right. All persons or groups authorized to provide Content to the Site shall be solely liable for any damage resulting from any infringements on third party rights resulting from Your submission of such Content.
You agree that any Content that You submit shall be considered non-proprietary and non-confidential. WHITESPACE shall have no obligations of any kind with respect to any Content and shall be free to reproduce, use, disclose and/or distribute any Content for any purpose whatsoever, without limitation. You also agree that WHITESPACE shall be free to use any ideas, concepts or techniques embodied in the Content for any purpose whatsoever, including, but not limited to, producing, developing, and marketing news stories, shows, content of any kind, products or services incorporating such ideas, concepts, or techniques, without attribution. In addition, You hereby waive all moral rights You may have in any materials uploaded or sent to us by You. You must be 14 years of age to become an authorized provider of Content.
You may create a hypertext link to this Site, provided that You do not represent in any way, expressly or by implication, that You have received the endorsement, sponsorship or support of this Site or WHITESPACE, or that You are related to, represent or are affiliated in any way with WHITESPACE, including its respective employees, agents, directors, officers and shareholders, or this Site.
If WHITESPACE has provided links or pointers to other Websites, no inference or assumption should be made and no representation should be implied that WHITESPACE is connected with, affiliated with, operates or controls these Websites, or is operated or controlled in any manner by these Websites or their owners.
Disclaimer of Liability and Warranties
While WHITESPACE does its best to ensure the optimal performance of the Site, You agree that You use this Site and rely on material contained in this Site at Your own risk.
The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that WHITESPACE DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that WHITESPACE and third-party content providers, their parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to Your computer system or network.
You acknowledge that WHITESPACE is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that WHITESPACE and third-party content providers are not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from Your use or from Your inability to use the Site.
With respect to any Content provided by users or other submissions, WHITESPACE is merely an Internet Service Provider of such Content. WHITESPACE is not responsible for any Content submitted by users or other third parties, including their opinions, judgments, advice, statements, services or other information provided. WHITESPACE shall not be liable for any loss or damage caused by any reliance upon such information obtained through the Website. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of any Content.
You agree to defend, indemnify and hold harmless WHITESPACE, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of Your use of this Site; Your failure to use the Site; Your breach or alleged breach of this Agreement or Your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
If You believe that any material contained in this Site infringes Your copyright, You should notify WHITESPACE of Your copyright infringement claim in accordance with the following procedure.
WHITESPACE will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent: BE SURE THAT THE AGENT REGISTERS WITH THE US COPYRIGHT OFFICE at https://www.copyright.gov/dmca-directory/
Christopher T. Craig, Esquire
Cook, Craig & Francuzenko
3050 Chain Bridge Road, Suite 200
Fairfax, VA 22030
To be effective, the notification must be in writing and contain the following information as required under the DMCA (17 U.S.C. §512(c)(3)):
Effective Date: May 1, 2021
We are operated entirely within the United States. If You are located outside of the United States, please note that any information – including personal data – that We collect about You will be transferred to and processed in the United States. You hereby consent to these transfers.
PLEASE NOTE: if You are a resident of a European Union (EU) nation, We have adopted a specific set of policies for collecting data from EU residents while they are in the EU country only, designed to comply with the General Data Protection Rules, May 25, 2018, as amended. These policies, which can be found at Section XI below, supersede and replace any other policies herein that conflict with Section XI as they relate to EU residents.
I. WHAT TYPES OF INFORMATION DO WE COLLECT?
A. Personally Identifiable Information We Collect from and About You
You are always empowered to choose whether to disclose personally identifiable information (PII) to us. If you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services.
“Personally Identifiable Information” or “PII” is information that identifies or may be used to identify a particular individual, including, without limitation, name, address, email address, social security number, telephone number, financial account number, and/or government-issued identifier.
In addition, Whitespace may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service. PII that We may collect includes, but is not limited to:
We may collect some or all of this information if You:
Other Information Collected
Data Pandemos Information Collection
Virtual Bubble Information Collection
B. Information Collected Automatically When Using Our Services
We and Our third-party service providers collect information automatically through the use of electronic tools such as Web beacons, “cookies,” Flash, clickstream data, and other automated devices that are deployed on the Website. We and Our third-party service providers may collect the following information about Your use of Our Website via these technologies: Your IP address; Your browser type and operating system; Web pages You view; links You click; Your interaction with Our Website; length of time You visit our Website; and Websites visited before Our Website.
Web Beacons. A Web beacon is a type of picture file used on the Internet. Web beacons are used in combination with cookies to help monitor traffic at Our Site and understand the ways in which users interact with content on the Website. Among other uses, We may use Web beacons to count visitors to Our Website or to monitor how Our users navigate Our Website. We may include Web beacons in email messages to count how many of the messages that We sent Were opened, acted upon, and forwarded. We use Web beacons to compile aggregate statistics about Our Services and Our marketing campaigns.
ClickStream Data – We may use third-party software to analyze the Web pages that Your computer visits while using Our Services. This information, called “clickstream data,” is associated with Your computer’s Internet protocol (IP) address and/or device ID, and includes other information such as the type of browser Your computer/device uses to access the Internet. We may collect clickstream data to optimize search engine results and may also use clickstream data to analyze which portions of Our Website draw the most traffic so We can improve performance of Our Services. This clickstream data may be shared with third party advertisers and marketing companies.
Local Storage Objects – We and Our third-party service providers may use Flash Local Storage Objects (“Flash LSOs”) to store Your Website and Application preferences, to personalize Your visit or to display content based upon what You view on Our Website and Application. Flash LSOs are different from browser cookies because of the amount and type of data stored. In addition, You cannot control, delete or disable the acceptance of Flash LSOs through Your browser. For more information on Flash LSOs, or to learn how to manage Your settings for Flash cookies, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on Your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if You choose, to delete any specific Flash LSO.
II. WHY AND HOW DO WE USE YOUR INFORMATION?
We use Your information, including the personally identifiable information that We collect about You (collectively, “information”), for various reasons, including:
The data we collect from you will be stored no longer than necessary. The length of time we retain said information will be determined based upon the following criteria:
III. WITH WHOM DO WE SHARE THE INFORMATION WE COLLECT?
We may share personally identifiable information with others, such as:
IV. HOW CAN YOU MAKE CHOICES ABOUT THE INFORMATION THAT WE COLLECT ABOUT YOU?
You can always choose not to submit any personally identifiable information to WHITESPACE.
We will include an opt-out link or reply address in each such e-mail. Please allow us up to 10 business days to process Your request. After unsubscribing, You may still receive messages about the status of Your account, to resolve technical issues, to confirm a new registration with us, and for other customer services purposes.
VI. LINKS TO OTHER (THIRD PARTY) WEBSITES
VII. HOW DO WE SECURE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the personally identifiable information We collect, We have implemented physical, electronic, and administrative procedures. These measures are based on commercially reasonable standards that similar companies use. NO DATA TRANSMITTED OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE AT ALL TIMES. Although We have implemented security measures to protect Your personally identifiable information, We cannot and do not guarantee the security of such information.
Whitespace has been entrusted by our clients and users with original sensitive, private data to include PII, through the services and products it provides.
Although We have implemented security measures to protect Your PII, We cannot and do not guarantee the security of such information. Whitespace will promptly and thoroughly investigate and resolve all allegations of unauthorized access to, use or disclosure of or alteration or destruction of Data (Security Breach). Whitespace will notify applicable parties of any Security Breach in writing without undue delay, no later than twenty-four (24) hours after discovery of the Security Breach and comply with applicable Privacy Laws, including (for example) the root cause of the breach, information about the affected individuals and the possible consequences.
Unsubscribe or Opt-Out
All users have the option to discontinue the collection of data or other PII at any time. To discontinue or unsubscribe, please contact us using the information below. By discontinuing or unsubscribing please be aware that you may no longer have access to Whitespace products and services. Whitespace will continue to adhere to this Policy with respect to any personal information previously collected.
For Virtual Bubble on Apple, please follow these instructions. Open the Virtual Bubble application, choose “Settings,” select your profile name, open “Update Location Tracking,” and click the “Open Location Settings” button. This will take you to your phone’s settings where you can open “Location” and select if you want Virtual Bubble to collect your information “never,” “while using the app,” or “always.” You can select “never” to opt-out, or you can simply uninstall Virtual Bubble from your mobile device.
For Virtual Bubble on Google, please follow these instructions. Open the Virtual Bubble application, choose “Settings,” select your profile name, open “Update Location Tracking,” and click the “Open Location Settings” button. This will take you to your phone’s location permissions where you can select if you want Virtual Bubble to collect your information “all the time,” “while using the app,” or if you’d like the app to request your permission “every time.” You can select “deny” to opt-out, or you can simply uninstall Virtual Bubble from your mobile device.
Disclosure of Information
Whitespace will not give, sell, or rent your information to third parties without your express consent. The only time Whitespace may use or disclose the information provided by you occurs under the following circumstances:
This Website is not directed to children. We do not knowingly collect or solicit personally identifiable information from or about children under 14, except as permitted by law. If We discover that We have received any personally identifiable information from a child under 14, We will delete such information from Our servers and records promptly.
X. SPECIAL NOTICE TO CALIFORNIA CONSUMERS
California residents may request a list of all third parties to which WHITESPACE has disclosed certain personally identifiable information about You for marketing purposes. You may make one request per calendar year. In Your request, please attest to the fact that You are a California resident and provide a current California address for Your response. You may request this information in writing by contacting us at: email@example.com or Privacy Request, Whitespace, Ltd, firstname.lastname@example.org. California residents under the age of eighteen (18) may retract their consent and have their data removed from Our records at any time. Specifically, if after having provided data a resident under age 18 desires to have his or her data removed entirely, she or he may send a request to us at email@example.com.
XI. SPECIAL NOTICE TO EUROPEAN UNION CONSUMERS
This policy is applicable to all users, including European Union (EU) residents while accessing Our Website in an EU country. If the policy described above conflicts in any way with the policy in this Section XI, and You are an EU consumer (user), this Section XI shall control.
WHITESPACE is the data controller for processing of information defined as Personal Data under applicable data protection law.
EU residents shall not be subject to the ‘opt-out’ rules described above, but rather shall be directed to a separate processing Web portal wherein they must choose to ‘opt-in’ to signify their explicit, freely given, informed, and unambiguous consent, to the use of their data (“Right to Consent”) and other transactions. In addition, EU residents will be provided easy ability to retract such consent and have their data removed from Our records (“Right to Access” and “Right to be Forgotten”). Specifically, prior to collecting Your data We provide a separate ‘opt-in’ alternative for data related to e-mail, telephone contact, direct mail and receipt of newsletters. If, after having provided such data, You desire to have Your data removed entirely, You may send Your request to us at firstname.lastname@example.org (“Right to be Forgotten”). In the event of a data breach, We shall send notification to the EU Information Commissioners Office (ICO) within 72 hours of becoming aware of the breach and We will send You notification without undue delay if it is likely to result in risk to Your rights and freedoms. Finally, you have the right to transfer Your data from us to another controller of data, on request, in a suitable format.
XII. HOW TO CONTACT US
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All Rights Reserved