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PRIVACY POLICY 12.1. In compliance with the Data Protection Directive 95/46, we inform the USER about our Privacy and protection policy of personal data resulting from the use of WHIM NYC well as the services and contents accessible through such APPLICATION. 12.2. This privacy policy covers the management of the USER makes WHIM NYC, of personally identifiable information and other data it collects when you agree to WHIM NYC service. The service is not available for children under eighteen (18) or twenty (21 years of age) IN PLACES WHERE EIGHTEEN (18) is not the age of majority. This Privacy Policy covers the use of your personal information and other information that WHIM NYC collects when you access the service. 12.3. We receive and store any information you enter on our Service or provide to us in any other way. The types of personal information collected may include your name, email address, phone number, birthday, Facebook usernames, information regarding the use of our Service, and browser information. 12.4. All personal USER data, which gives us through the registration form, which provides Facebook, those generated by navigation and use of content and services and any others provided by the USER through its navigation will be processed by WHIM NYC to manage the registration, create profiles, analyze USERS behavior, determine their consumer preferences, habits, tastes, geographic location and favorites in order to ensure the full use and your enjoyment of WHIM NYC services and content. 12.5. The USER agrees receipt of commercial electronic communications and / or equivalent electronic media advertising available and Push notifications regarding the products and services presented and/or organized by WHIM NYC. 12.6. The personal data you supply will be stored in a file owned by WHIM NYC for the purpose of managing the relationship with the USER and keep you informed about WHIM NYC’s news, promotions and new services through any channel (including electronic) that may be of your interest. We may work with partners who use mobile SDKs to passively collect information (collectively, “SDK Information”), which generally helps us deliver personalized notifications. This data may also be used to identify you in a unique manner across other devices or browsers for the purposes of customizing ads or content. Depending on the permissions granted to this application, this information may include personally identifiable information (PII) including your e-mail address. This information may also include precise location (i.e. GPS-level data) or WiFi information, apps you have installed and enabled, and your mobile identifier (e.g., Android Advertising ID). 12.7. The USER agrees that all your personal data, images, checks-ins or registration sites and any other data or information contained in your account associated with the WHIM NYC APPLICATION will be published and made available (fractionated or complete) to other USERS depending on the privacy settings set by the USER, without WHIM NYC assuming any responsibility for the configuration selected by the USER. 12.8. WHIM NYC may send the USER information about products and services of the industries involved in business, consumer, nightlife, venues, food and beverage, fashion, electronics, publishing, cosmetics, travel and entertainment through any communication channel. The USER can cancel the sending of such information by sending an email to the address hello@WHIM NYCup.com. 12.9. The USER consents to let WHIM NYC obtain their geolocation data via mobile device on which it is installed and to record and publish information on the USER's position and enclosures, events or facilities that the USER attends. Registration and publication of this information may be revoked by the USER at any time through your privacy settings. 12.10. WHIM NYC declares that all information will be treated confidentially, implementing all the security measures it deems appropriate and proportionate to ensure the security of personal data. 12.11. The USER may at any time exercise their rights of access, rectification, cancellation and opposition by sending an email to the address support@WHIM NYCup.com stating the right you want to exercise, attaching a copy of ID or USER passport. 12.12. Even after you remove your information from your account or profile copies of this information may remain visible elsewhere, depending on whether it has been shared with others, had been distributed in the past based on your privacy settings or was copied or stored by other USERS. 12.13. During the use of the APPLICATION, the USER accepts responsibility of knowing, accepting, and abiding by the policy of use, and privacy policy of Facebook. Violation of these policies will result in breach of these terms. 12.14. As a USER of WHIM NYC, you are aware that the installation and use is under your sole responsibility and expressly and fully accept this privacy policy and data protection. 12.15. When the USER uses the APPLICATION, WHIM NYC automatically receives and records information on its server logs from the USER’s browser or mobile platform, including the location, IP address, cookie information and the page you requested. WHIM NYC treats this data as non-personal information, except when we are required to do otherwise under applicable law. 12.16. WHIM NYC can provide their partners information about how USERS, collectively, use the Site, so that they can understand how often people use their services and the WHIM NYC service. 12.17. Your personal information from your WHIM NYC account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and personal information by selecting and adequate protection of your password and restricting access to your computer and browser by closing each session after you have finished accessing your account. 12.18. WHIM NYC aims to safeguard USER information to ensure that the information in the USER's account is kept confidential. However, WHIM NYC can not guarantee the security of the account information of the USER. The unauthorized entry or use, hardware failures or software and other factors may compromise the security of USER information at any time. 12.19. The Service may contain links to other sites. WHIM NYC is not responsible for the privacy policies and / or practices on other sites. When you use links to other sites, you should read the privacy policy listed on their site. This privacy policy only pertains to information collected on the Service. XIII.- CHANGES IN PRIVACY POLICY 13.1. WHIM NYC may amend this Privacy Policy. The use of information we collect now is subject to the Privacy Policy in effect at the time of using such information. If we make material changes in the way we use your personal information, we will notify you by posting a notice on our Service or sending you an email without any damaging actions that could come about through communication USERS are required to abide by the changes in the Privacy Policy to continue using the Service after such changes are posted. 13.2. For questions or concerns regarding this Privacy Policy please send a detailed message to: support@WHIM NYCup.com XIV.- HOW DOES WHIM NYC SHARE MY INFORMATION? 14.1. Personal information about our USERS is an integral part of our business. We do not rent or sell your personal information with anyone. WHIM NYC may share your personal information only in the manner described below. • Friends: Your friends on the APPLICATION can automatically view your location and publication, as well as the nickname (nick), photo, list of friends on your profile (iew Privacy Settings). People who read this information may use or disclose it to other persons or entities without our control and without your/our knowledge. Therefore, we insist that you be careful when choosing to include specific information that you may consider private. • Agents: We employ other companies and individuals to perform functions on our behalf and need to share your information with them to provide you with products and/or services. Our agents have no right to use personal information we share with them beyond what is necessary in order to assist us; they provide a mutual level of protection for your personal information. • Information shared with everyone: One of the main reasons why people use WHIM NYC is to share content with others. Information such as your name, photo, local, etc., are shared by default in WHIM NYC. • Sharing with Third Parties. • Business Transfers: If WHIM NYC or substantially all of WHIM NYC’s assets are acquired by a third party, USER information would become a transferable asset and will be carried out in each case according to law. • Protection of WHIM NYC and others: We may disclose personal information when we believe, in good faith, if such disclosure is necessary to comply with the law, (including laws outside your country of residence), to enforce or apply our Conditions of Use and other agreements, to protect the rights property or safety of WHIM NYC, our employees, our USERS or others. This includes exchanging information with other companies and organizations (including outside your country of residence) for fraud protection and credit risk reduction. • Communications email: If you do not want to receive commercial emails or other mail from us, you can remove yourself from the USER configuration. Note that if you do not want to receive legal notices from us, such as notices regarding this Privacy Policy, said notices will affect WHIM NYC’s Service and you are responsible for checking if any legal changes have been made in such notices. XV.- MODIFICATION OF TERMS OF USE 15.1. WHIM NYC reserves the right, in its sole discretion, to modify or replace any of these Terms of Use, or to modify, suspend or discontinue the Service (including, among other things, the availability of any feature, database, or content) any time by posting a notice on the Site or by sending a notice through the Service or via email. 15.2. WHIM NYC may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check periodically for changes to these Terms of Use besides the fact that WHIM NYC will always inform the user when it can. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. XVI.- INTELLECTUAL PROPERTY 16.1. WHIM NYC is the sole holder who holds the necessary licenses and / or authorizations for the exploitation rights of intellectual property of the APPLICATION, its contents, products and services (including, in an expository and in any case limited, databases images, photographs, drawings, graphics, games, text files, audio, video and software), as well as brands, logos, trade names or any distinctive sign, software, computer programs or databases they belong or have portion thereof at some point. 16.2. Under no circumstances the APPLICATION access implies renunciation, transmission, license or total or partial transfer of such rights. 16.3. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, load files, send by mail, transmit, use, process or distribute in any way all or part of the contents included in the APPLICATION If you do not have the express written permission of WHIM NYC or, where applicable, the holder of the rights. 16.4. Unless authorized, it is prohibited under the terms and under the sanctions provided in the legislation that may apply, the removal or alteration of technology and information management measures for the rights contained in the works and the subject of this transmission and distribution, importation for distribution, public performance, broadcast by broadcasting public communication in all its forms or making available of such works and performances or copies or broadcast which has been removed or altered without release such information. 16.5. Some products and services may be subject to temporary licenses granted by third parties, so WHIM NYC reserves the right to withdraw unilaterally and without prior notice. 16.6. All Products and Services, as well as names, trademarks, software, advertising creatives, web pages, text, graphics, photographs, images, and / or any other audiovisual or sound content, related to the APPLICATION, are subject to industrial property / or intellectual property of WHIM NYC. XVII.- DURATION AND TERMINATION 17.1. Service delivery through the APPLICATION has an unlimited duration. WHIM NYC, however, is authorized to terminate or suspend the Service. When reasonably possible, WHIM NYC prior notice of the termination or suspension of the Service through the APPLICATION or the various official channels of communication through which WHIM NYC can contact their USERS. XVIII.- GOVERNING LAW 18.1. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on these Terms of Use or in relation to them. These should be measurable to the same extent as other business documents and records originally generated and maintained in printed form. 18.2. As provided for in the conditions of use as well as the interpretation and resolution of conflicts that may arise between the parties, shall be governed by the legislation of Spain. The parties 18.3. The parts, are subjected to the jurisdiction of the courts of Madrid, unless legislation says otherwise. 18.4. These Terms of Use constitute the entire agreement between you and WHIM NYC with respect to the Service and use of the Site, Services and Content and supersede all prior communications and proposals between us with respect to the Site WHIM NYC. If any provision of these Terms of Use is deemed unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use remain in full force and effect and continue to be binding. 18.5. If either party does not practice in any way a right under the Terms of Use, it shall not be considered as a waiver of any other rights. Waiver of compliance in any particular case does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, WHIM NYC must notify such waiver in writing through an authorized representative.