Last modified: June 4, 2021
Account means a unique account created for You to access Our Application or parts of Our Application.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority. Affiliates include Our parent company and any other subsidiaries, joint venture partners, or other companies that We control or that are under common control with Us.
Application means the Company's software program downloaded by You on any Device, named "WH Homeowner."
California Consumer Privacy Act (CCPA) refers to the California Consumer Privacy Act, Cal. Civ. Code 1798.100 seq., and any applicable regulations, as amended from time to time.
Company, We, Us or Our refers to West Hill Global, Inc., 800 Battery Ave Se Suite 100 Atlanta, GA 30339. The Company may be a "data controller" within the meaning of the GDPR and a "business" within the meaning of the CCPA.
Cookies means cookies, web beacons, and other similar tracking technologies.
Device means any device that can access the Service, such as a computer, a cell phone, or a digital tablet.
General Data Privacy Regulations (GDPR) refers to the General Data Privacy Regulations, European Parliament and Council of European Union (2016) Regulation (EU) 2016/679, as may be amended from time to time.
Independent Privacy Ombudsman refers to Baldini Lang, LLC, a third party law firm acting as a privacy ombudsman for the Company to provide you with an independent mechanism to resolve any disputes or concerns you may have regarding this Policy or our privacy practices.
Personal Data means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You. Under the GDPR, Personal Data means any information relating to You, such as a name, identification number, location data, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity. Personal Data does not include aggregated and de-identified data.
Sale or Sell, for the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, Your Personal Data to another business or a third party for monetary or other valuable consideration.
Service refers to the Application and/or the Website.
Service Provider means any natural or legal person who processes data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, provide the Service on behalf of the Company, perform services related to the Service, or assist the Company in analyzing how the Service is used. Service Providers are "data processors" within the meaning of the GDPR.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself. Usage Data includes, but is not limited to, information such as Your Device's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Website refers to the Company's website and its webpages located at www.westhillglobal.com.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. You may be a "data subject" or a "user" within the meaning of the GDPR and a "consumer" within the meaning of the CCPA.
Collecting Your Personal Data
The types of Personal Data that We may collect depends on which of Our Services You are utilizing. Generally, We may collect the following types of Personal Data:
- Information We receive from You on applications, forms, and in other communications to Us, including but not limited to identification information such as name, street address, e-mail address(es), telephone, and facsimile number(s).
- Information pertaining to Your transactions with Us, Our Affiliates, and others.
- Information obtained when verifying Your registration when using Our Services includes username, password, secret questions, and secret answers for resetting passwords.
- Information from Your browser or mobile device, including but not limited to: Internet Protocol address, type of mobile device, mobile operating system, browser type, pages You visit and the information You request, and the date, time of Your access, and other Usage Data.
- E-mails or other communications sent to Us by You.
Usage Data is collected automatically when using the Service. Typically, the information We collect automatically is statistical data and does not include Your personal information, but We may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps Us to improve Our Service and to deliver a better and more personalized service, including by enabling Us to estimate our audience size and usage patterns and store information about users' preferences.
For more information about automatic data collection and Your options related to reducing such automatic data collection, see the "Cookies and Other Tracking Technologies" Section below.
Data Collected While Using Our Application.
While using Our Application, to provide features of Our Application, We may collect, with Your prior permission:
- Information regarding Your location; and
- Pictures and other information from Your Device's camera and photo library.
We use this information to provide features of, improve, and customize Our Service and the Application. The information may be uploaded to the Company's servers and/or a Service Provider's server or stored on Your device.
You can enable or disable access to this information at any time through Your Device settings.
CCPA-Defined Categories of Data Collected.
The Personal Data We collect, as described above, may include the following CCPA-defined categories:
- Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, Account name, social security number, driver's license number, passport number, or other similar identifiers.
- Any categories of personal information described in Cal. Civ. Code § 1798.80(e), including a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card 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.
- Characteristics of protected classifications under California or federal law, including age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
- Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Biometric information, including genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
- Internet or other electronic network activity information includes browsing history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisement.
- Geolocation data, including physical location or movements.
- Sensory data including audio, electronic, visual, thermal, olfactory, or similar information.
- Professional or employment-related information, including current or past job history or performance evaluations, job title.
- Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99), including Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, student disciplinary records.
- Inferences drawn from any of the above information to create a profile about a consumer reflect the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Sources of Data We Collect.
We obtain the categories of Personal Data listed above from the following categories of sources:
- Directly from You. For example, from documents that You provide to Us related to the Services for which You engage Us.
- Indirectly from You. For example, through information, We collect from You in the course of providing Services to You.
- Directly and indirectly from activity on Our Service. For example, from submissions through Our Website portal or Data Usage details collected automatically from the Website and/or the Application.
- From third-parties that interact with Us in connection with the Services We perform. For example, from third-party Service Providers.
Using Your Personal Data
How We Use Your Personal Data.
The Company may use or disclose Personal Data for the following purposes:
- To provide the service for which the information is collected. For example, to complete transactions and provide services authorized by You.
- To provide and maintain Our Service, including monitoring the usage of our Service, diagnosing problems with the Website or Application, and maintaining and improving its contents.
- To manage Your Account, including managing Your registration as a user of the Application. The Personal Data You provide may give You access to different Service functionalities that are available to You as a registered user.
- To contact You. To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to (i) the functionalities, products, or contracted services You requested from Us, including the security updates when necessary or reasonable for their implementation; (ii) information about Your Account; (iii) new products or applications being released, and other notices concerning our products or services, or events or news, that may be of interest to You.
- To manage Your requests. To attend and manage Your requests to Us, including preventing fraud and unauthorized transactions and verifying your identity.
- To carry out our obligations and enforce our rights, including those arising from any contracts entered into between You and Us (such as to perform billing and collections); to enforce the terms and conditions for Our Services; to protect Our rights and property, and to customize, measure, and improve Our Services.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer, whether concerning some or all of our assets, or whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
- For any other purpose for which We may obtain Your consent. For example, if we expressly obtain Your permission to use Personal Data for another purpose.
Disclosing Your Personal Data
When We Share Your Personal Data.
We may share or disclose Your Personal Data in the following situations:
- With Service Providers. We may disclose Your Personal Data with Service Providers to perform, monitor, and analyze our Service and to contact You.
- With Third Parties. We may disclose Personal Data with Our business partners and third parties to market their products or services to You if You have not opted out of these disclosures (for more information, please reference the "Marketing" Section). Additionally, we may disclose information as described in Our "Cookies and Other Tracking Technologies" Section;
- For Business transfer. We may disclose or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- To Comply with Law Enforcement and Other Legal Compliance Requirements. Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to public authorities' valid requests (e.g., a court or a government agency).
- For Other Purposes. We may also disclose Your Personal Data for any other purpose disclosed by Us when You provide the Information or with Your consent.
The Company may also disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation;
- Protect and defend the rights or property of the Company;
- Prevent or investigate possible wrongdoing in connection with the Service;
- Protect the personal safety of users of the Service or the public;
- Protect against legal liability.
Personal Data Disclosed for a Business Purpose.
We may disclose Your Personal Data for a business purpose. When We disclose Personal Data for a business purpose, We enter into a contract with such third party to restrict the third party's use of the Personal Data to the purpose described in the contract and require the recipient to keep that Personal Information confidential. As used in this subsection, "business purpose" has the meaning ascribed to it by the CCPA.
In the preceding twelve (12) months, We may have disclosed the following categories (from the "CCPA-Defined Categories of Data Collected" listed above) of Personal Data for a Business Purpose:
- Category A: Identifiers.
- Category B: California Customer Records personal information categories.
- Category C: Protected classification characteristics under California or federal law.
- Category I: Professional or employment-related information.
We may disclose your Personal Data for a Business Purpose to the following categories of third parties:
- Our Affiliates.
- Service Providers.
- Third parties to whom You consent and authorize Us to disclose Your Personal Data in connection with products or services We provide to You and/or Your use of the Service.
Disclosure of Other Data.
We may disclose aggregated and non-identifiable information (information that does not identify any individual) about You and/or Our Service visitors, users, and customers, without restriction.
Selling Your Personal Data
Personal Data We Sell.
We do not Sell Your Personal Data.
However, please reference Our "Cookies and Other Tracking Technologies" Section to understand how Our third-party service providers may have access Your Personal Data via Cookies on Your Device and for instructions to opt-out of Cookies. Additionally, please reference the "Marketing" Section to understand how We may use or disclose Your Personal Data for marketing purposes and for instructions to opt-out of marketing.
Keeping Your Personal Data
Retention of Your Personal Data.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or improve our Service's functionality, or We are legally obligated to retain this data for longer periods.
Security of Your Personal Data.
The security of Your Personal Data is important to Us. We have reasonable and appropriate security measures in place to attempt to protect against the loss, misuses, alteration, and unauthorized access of Your Personal Data under Our control.
But remember that no transmission method over the Internet or electronic storage method is 100% secure, and no security system is impenetrable. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. Neither can We guarantee the absolute security of Our Website or Application. We ask that You do Your part by maintaining any usernames and passwords you may use to access the Service strictly confidential.
By using the Service, You acknowledge, understand, and hereby agree that You are giving Us Your consent to use and disclose your Personal Data for marketing purposes. We may use Your Personal Data to contact You with newsletters, marketing or promotional materials, and other information that may be of interest to You. You may opt-out of receiving any or all of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
Cookies and Other Tracking Technologies
Every time You come to the Service, Our server automatically collects, and We may use Your Cookies to collect Usage Data as You browse Our Service. All other Personal Data is generally only collected when You voluntarily provide that information, as described in the "Collecting Your Personal Data" Section above.
Using Cookies is standard practice on the Internet. If You do not want Cookies placed on Your device as a result of using the Service, You may disable Cookies altogether by setting Your browser or third-party software to reject Cookies. If you reject the Cookie, You may be unable to use portions of Our Service that require registration, some pages of the Website might not function properly, and the Website experience will not be capable of being tailored to You from visit to visit. Cookies are placed on Your Device, and accordingly, we neither store Cookies nor forward them to any external parties.
Instructions to Opt-Out of Cookies.
You can opt-out of receiving ads that are personalized ads served by Our Service Providers by following our instructions presented on the Service:
- From Our "Cookie Consent" notice banner
- From Our "CCPA Opt-out" notice banner
- From Our "Do Not Sell My Personal Information" notice banner
- From Our "Do Not Sell My Personal Information" link
The opt-out will place a cookie on Your computer that is unique to the browser You use to opt-out. If you change browsers or delete the cookies saved by your browser, you will need to opt-out again.
Your mobile device may give You the ability to opt-out of the use of information about the applications You use to serve You ads that are targeted to Your interests:
- "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
- "Limit Ad Tracking" on iOS devices
- You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.
Web Browser "Do Not Track" Signals Policy
Our Service does not currently respond to Do Not Track (DNT) signals.
However, some third-party websites do keep track of Your browsing activities. If you visit such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and are aware that Your child has provided Us with Personal Data, please contact Us at email@example.com. If We become aware that We have collected Personal Data from anyone under the age of 18 without verifying parental consent, We take steps to remove that information from Our servers.
Links to Other Websites
- By email: firstname.lastname@example.org
- By visiting this page on our website: www.westhillglobal.com/contact-us
- By mail: 800 Battery Ave Se Suite 100 Atlanta, GA 30339
Independent Privacy Ombudsman
We are committed to resolving inquiries and complaints about your privacy and our collection or use of your Personal Data. If you have an inquiry or complaint regarding this Policy, please first contact us as provided above. We will investigate and attempt to resolve complaints regarding use and disclosure of Personal Data by reference to the principles contained in this Policy.
We do not want your concerns and complaints regarding your privacy to remain unresolved. If you would prefer to address your concerns with an independent and unaffiliated third party, you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, you may also contact our Independent Privacy Ombudsman. Our Independent Privacy Ombudsman, Baldini Lang LLC, will ensure all of your privacy concerns are adequately processed, addressed and resolved in accordance with this Policy.
Please report any concerns or complaints regarding this Policy and our collection or use of your Personal Data to our Independent Privacy Ombudsman via the information provided below:
- By email: email@example.com
- By phone: (860) 967 - 3777
Your Rights under the CCPA.
The Right to Notice.
The Right to Access and Data Portability Rights.
You have the right to request that We disclose to You certain information about Our collection and use of Your Personal Data over the past 12 months. Once We receive and confirm Your verifiable consumer request, We will disclose to You:
- The categories of Personal Data We collected about You.
- The categories of sources for the Personal Data We collected about You.
- Our business or commercial purpose for collecting that Personal Data.
- The categories of third parties with whom We disclose that Personal Data.
- The specific pieces of Personal Data We collected about You (We will provide You such information in a readily useable format and permits data portability without hindrance).
- If We disclosed Your Personal Data for a business purpose, a list identifying the Personal Data categories that each category of recipient obtained.
- If We sold Your Personal Data, a list identifying the Personal Data categories that each category of recipient purchased; and
The Right to Delete Personal Data.
You have the right to request that We delete any of Your Personal Data that we collected from You and retained, subject to certain exceptions. Once We receive and confirm Your verifiable consumer request, We will delete (and direct Our Service Providers to delete) Your Personal Data unless an exception applies, in which case We will inform You as to why We are unable to comply with Your request.
Under the CCPA, We may deny Your request to delete Your Personal Data if necessary, to:
- Complete the transaction for which We collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform Our contract with You.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech and ensure another consumer's right to exercise their free speech rights or exercise another right provided by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information compatible with the context in which You provided it.
The Right to Opt-Out to the Sale of Personal Data.
You have the right to opt-out or prohibit a company from Selling Your Personal Data to third parties. We do not Sell Your Personal Data.
The Right to Not be Discriminated Against.
You have the right not to be discriminated against for exercising any of Your CCPA rights. We will not discriminate against You for exercising any of Your CCPA rights, including by:
- Denying goods or services to You;
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties;
- Providing a different level or quality of goods or services to You; and
- Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.
Verifiable Consumer Requests and Exercising Your CCPA Rights.
To exercise any of Your rights under the CCPA, as described above, please submit a verifiable consumer request to us by either:
- Calling us at: 678.888.3755
- Emailing us at firstname.lastname@example.org
The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable consumer request. The time to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures We provide will only cover the 12 months preceding the verifiable consumer request's receipt. The response We provide will also explain why We cannot comply with a request, if applicable.
We cannot respond to Your request or provide You with Personal Data if We cannot verify Your identity or authority to make the request and confirm the Personal Data relates to You. Making a verifiable consumer request does not require You to create an Account with Us. We will only use Personal Data provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
- By email: email@example.com
- By visiting this page on our website: www.westhillglobal.com/contact-us
- By mail: 800 Battery Ave Se Suite 100 Atlanta, GA 30339
GDPR Privacy Addendum
Your Rights under the GDPR.
Legal Basis for Processing Personal Data under GDPR
Generally, We process Personal Data You provide by using Our Services based on consent, the basis of legitimate interest, and/or based on the necessity for a contract's performance.
We may also process personal information on other bases permitted by the GDPR and applicable laws, such as when the processing is necessary to comply with our legal obligations.
Transfer of Your Personal Data.
We transfer, store, or process Your Personal Data outside of the European Economic Area ("EEA"). Our offices are based in the USA, and that is where We process Personal Data collected through Our Service. By submitting Your Personal Data, You agree to this transfer, storing, or processing of Your Personal Data within the USA.
Rights of Access, Correction, Erasure, and Data Portability.
You have the right to request access to Your Personal Data, have Your Personal Data corrected, restricted, or deleted, and object to Our processing of Your Personal Data. This also enables You to receive a copy of the Personal Data We hold about You in a structured, commonly used, machine-readable format. Your rights may be subject to various limitations under the GDPR.
Whenever made possible, You can access, update or request deletion of Your Personal Data directly within Your Account settings section. You may opt-out of receiving marketing communications from Us by following the unsubscribe link in any email or by contacting Us. If you are unable to perform these actions yourself, please contact Us to assist You.
Right to Withdraw Your Consent.
You may have the right to withdraw Your consent on using Your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Please reference Our "Cookies and Other Tracking Technologies" Section to understand how Our third-party service providers may have access Your Personal Data via Cookies on Your Device and for instructions to opt-out of Cookies. Additionally, please reference the "Marketing" Section to understand how We may use or disclose Your Personal Data for marketing purposes and for instructions to opt-out of marketing.
Exercising of Your GDPR Rights.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.