Privacy

Updated April 30, 2021

Your privacy is critically important to us. At Whimsical, we have a few fundamental principles:

  • We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
  • We store personal information for only as long as we have a reason to keep it.
  • We aim to make it as simple as possible for you to control what information is shared publicly, kept private, and permanently deleted.
  • We help protect you from overreaching government demands for your personal information.
  • We aim for full transparency on how we gather, use, and share your personal information.

Below is our Privacy Notice (previously known as our Privacy Policy), which incorporates and clarifies these principles.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE, PLEASE DO NOT ACCESS THE WEBSITE OR USE OUR SERVICES.

If you want to identify your data controller and processor, please see "Controller and Processor Designation and Instructions" below.

Who We Are and What This Privacy Notice Covers

Hey there! We are the folks behind Whimsical, a service designed to allow anyone to collaborate on ideas visually.

This Privacy Notice applies to information that we collect about you when you access our website located at Whimsical.com (the "Website") to utilize the visual collaboration tools provided on our Website (the "Services").

Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.

Information We Collect

We collect information in the following ways: if and when you provide information to us, information we collect automatically when you utilize our Services, information we collect from other sources, and information we collect through our Services. Let's go over the information that we collect.

Information You Provide to Us

It's probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:

  • Basic Account Information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for a Whimsical.com account to provide a valid email address–and that's it. You may choose to provide your name and an image or photo to use as an avatar, and if you choose to do so, we will collect that information as well.
  • Transaction and Billing Information: If you buy a subscription to a Whimsical.com plan from us, you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information.
  • Communications With Us: You may also provide us information when you respond to surveys or communicate with us about a support question.

Throughout this Privacy Notice, we will refer to this information as "Registration Data". Registration Data does not include Customer Data (defined below).

Information We Collect Automatically

We also collect some information automatically:

  • Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services.
  • Usage Information: We collect information about your usage of our Services. For example, we collect information about the actions that workspace administrators and users perform on a workspace Whimsical.com service–in other words, who did what, when and to what thing in a workspace. We also collect information about what happens when you use our Services (e.g., page views) along with information about your device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.
  • Geolocation Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions.
  • Information from Cookies and Similar Technologies: A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. To collect information automatically as described in this section, Whimsical  and its service providers may use cookies and other technologies like pixel tags to help us identify and track visitors, usage, and access preferences for our Services, as well as track and understand email campaign effectiveness. Our use of cookies is specified in our Cookie Policy, which is updated regularly to reflect current practices. You can turn off your web browser's ability to accept cookies, but if you do so, certain parts of our Services may not work for you.
  • Public Social Media Posts: We may collect public posts to social media platforms that specifically mention our Company via our handles.

Throughout this Privacy Notice, we will refer to this information as "Usage Data". Usage Data does not include Customer Data (defined below).

Information We Collect from Other Sources

We may also get information about you from other sources. For example, if you create or log into your Whimsical.com account through another service (like Google), we will receive information from that service (such as your basic profile information) via the authorization procedures used by that service.

Information We Collect through Our Services

We also get information from you that you input and include when you use our Services. For example, any information that you type into any visual workspace that you create on our Website will be collected. Throughout this Privacy Notice, we will refer to this information as "Customer Data"). Customer Data does not include Usage Data or Registration Data.

How And Why We Use Your Information

Purposes for Using Information

We use information about you as mentioned above and for the purposes listed below:

  • To provide our Services, for example, to set up and maintain your account, host your workspace, or charge you for any of our paid Services;
  • To further develop and improve our Services, for example by adding new features that we think our users will enjoy;
  • To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
  • To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition for example, we may analyze how many individuals purchased a plan after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
  • To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Whimsical and others, which may result in us declining a transaction or the use of our Services;
  • To communicate with you, for example through an email, about offers and promotions offered by Whimsical and others we think will be of interest to you, solicit your feedback, or keep you up to date on Whimsical and our products; and
  • To personalize your experience using our Services and target our marketing messages to groups of our users for example, those who have a particular plan with us or have been our user for a certain length of time.

Sharing Information

How We Share Information

We do not sell our users' private personal information. We share information about you in the limited circumstances spelled out below and with appropriate safeguards in place to protect your privacy:

  • Subsidiaries, Employees, and Independent Contractors: We may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Notice for personal information that we share with them.
  • Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you or your site. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information), those that assist us with our marketing efforts (e.g., by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our Services (like analytics providers). We require vendors to agree to privacy commitments in order to share information with them.
  • Legal Requests: We may disclose information about you in response to a subpoena, court order, or other governmental request, including to meet national security or law enforcement requirements.
  • To Protect Rights, Property, and Others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Whimsical, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
  • Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that Whimsical goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Notice would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Notice.
  • With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so.
  • Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services.
  • Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.

How Long We Keep Information

We generally discard information about you when we no longer need the information for the purposes for which we collect and use it–which are described in the section above entitled "How and Why We Use Information"–and we are not legally required to continue to keep it. For example, we keep the web server logs that record information about a visitor to our Website, such as the visitor's IP address, browser type, and operating system, for approximately 90 days. We retain the logs for this period of time in order to, among other things, analyze traffic to the Website and investigate issues if something goes wrong on our Website.

Children's Privacy

Our Website and the Services are not intended for general audiences and not for children under the age of 16. No one under age 16 may provide any personal information on the Website or through the Services. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through the Services. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@whimsical.com.

Security

While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks. For details about the measures we take to protect information about you, please refer to our Security webpage located at https://whimsical.com/security/.

Choices

You have several choices available when it comes to information about you:

  • Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services may not be accessible.
  • Opt-Out of Electronic Communications: You may opt out of receiving promotional messages from us. Just follow the instructions in those messages. If you opt out of promotional messages, we may still send you other messages, like those about your account and legal notices.
  • Set Your Browser to Reject Cookies: At this time, Whimsical does not respond to "do not track" signals across all of our Services. However, you can usually choose to set your browser to remove or reject browser cookies before using our Website, with the drawback that certain features of the Website may not function properly without the aid of cookies.
  • Delete Your Account: While we'd be very sad to see you go, if you no longer want to use our Services, you can delete your Whimsical.com account. Please keep in mind that we may continue to retain your information after closing your account, as described in "How Long We Keep Information" above, for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.

Privacy Notice for Residents of Certain States in the USA

Some USA state laws (e.g., California and Nevada) provide state residents with additional privacy rights. This Privacy Notice meets current U.S. state privacy and data protection law and will be updated as these laws evolve. We do not sell your personal information as defined by any applicable US law, including the California Consumer Protection Act (2018) (the "CCPA").

California Residents: Additional Disclosures Related to Collection, Use, and Disclosure of Personal Information

If you are a California resident, the CCPA requires us to disclose the following information with respect to our collection, use and disclosure of personal information.

  • Categories of Personal Information Collected: In the preceding 12 months, we have collected the following categories of personal information: identifiers, personal information categories listed in the California Customer Records statutes, internet or other similar network activity, and inferences drawn about your preferences. For examples of the personal information we collect, please see "Information We Collect" above.
  • Business or Commercial Purpose for Collecting and Using Personal Information: We collect personal information for the business purposes described in "How and Why We Use Information" above.
  • Categories of Sources of Personal Information: We collect personal information directly from you, automatically, and from other sources, each of which is more particularly described in "Information We Collect" above.
  • Categories of Personal Information Disclosed: In the preceding 12 months, we have disclosed the following categories of personal information for business or commercial purposes: identifiers.
  • Categories of Third Parties with whom We Share Personal Information: We may share your personal information with the third parties as described in "Sharing Information" above.
  • Sale of Personal Information: Whimsical does not sell your personal information.

Your Consumer Rights

California consumers have the right to request access to their personal information, additional details about our information practices and deletion of their personal information (subject to certain exceptions). We describe how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney. Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal information.

  • Right to Know : You may request access to the specific pieces of personal information we have collected about you in the prior 12 months. You may also request additional details about our information practices, including the categories of personal information we have collected about you, the sources of such collection, the categories of personal information we share for a business or commercial purpose, the categories of third parties with whom we share your personal information, and the specific pieces of personal information we collected about you (also called a data portability request). We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.
  • Deletion : You may request that we delete the personal information we have collected about you. Please note that we may retain certain information as required or permitted by applicable law, and we may deny your deletion request if retaining the personal information is necessary for us or our service providers under one of the nine statutory exceptions listed in Cal. Civ. Code § 1798.105, as amended by AB 1146. We are required by law to verify your identity prior to deleting your information in order to protect your privacy and security. If you request to delete your personal information, certain of our products and services may no longer be available to you.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us in writing at Whimsical, Inc., 1630 Welton Street, 7th Floor, Denver, Colorado 80202, United States of America ("USA"), send an email to privacy@whimsical.com. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; provide you a different level or quality of goods or services; and/or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Information for European Union Residents: Your EU Privacy Rights

If you are located in certain countries, including Switzerland or those countries that fall under the scope of the European Union's General Data Protection Regulation ("GDPR"), data protection laws give you rights with respect to your personal data (as defined by GDPR), subject to any exemptions provided by the law, including the rights to:

  • Request access to your personal data;
  • Request correction or deletion of your personal data;
  • Object to our use and processing of your personal data;
  • Request that we limit our use and processing of your personal data; and
  • Request portability of your personal data.

You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren't able to do that, or you would like to contact us about one of the other rights, scroll down to "How to Reach Us" to, well, find out how to reach us. European Union ("EU") and Swiss individuals also have the right to make a complaint to a government supervisory authority.

Legal Bases for Use of Your Information

The legal bases for using your information as set out in this Privacy Notice are as follows:

  • Where use of your information is necessary in order to fulfill our commitments to you under our Terms of Service and/or other agreements with you or is necessary to administer your account (for example, in order to enable access to our Website on your device or charge you for a paid plan);
  • Where use of your information is necessary for compliance with a legal obligation;
  • Where use of your information is necessary in order to protect your vital interests or those of another person;
  • Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide and update our Services, to improve our Services so that we can offer you an even better user experience, to safeguard our Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience); or
  • Where we have your consent, in accordance with applicable law (for example before we place certain cookies on your device and access and analyze them later on).

Controller and Processor Designation and Instructions

With regard to the processing of Customer Data, you are the Controller and Whimsical is the Processor. Customer Data will not be accessed by Whimsical unless Customer specifically requests for Whimsical to do so in writing. Whimsical, as the Processor of Customer Data, will only process such Customer Data pursuant to written instructions from you, as the Controller of Customer Data.

With regard to the processing of Registration Data and Usage Data, Whimsical is the Controller. Whimsical can be the Controller of your Registration Data and Usage Data only in the limited ways described in "How and Why We Use Your Information" above.

Other Things You Should Know

Data Processors

We rely on the following third-party services to help us run Whimsical smoothly:

  • Amazon Web Services (USA) - to host our infrastructure
  • Sendgrid (USA) - to send e-mails to customers
  • Intercom (USA) - for customer support purposes
  • Help Scout (USA) - for customer support purposes
  • Stripe (USA) - to safely and securely handle customer billing
  • GSuite (USA) – for cloud computing, productivity, and collaboration
  • Google Cloud (USA) – to facilitate Google single sign-on for customers
  • Backblaze (USA) – for backup and storage services
  • Typeform (Spain) – for sending and analyzing customer surveys
  • Datadog (USA) – for parsing our logs and monitoring our systems
  • Rollbar (USA) – for error reporting and debugging

International Transfer of Data

We may transfer to, process, and store the data we collect about you in countries other than the country in which the data was originally collected, including the USA, Canada or other destinations outside the European Economic Area ("EEA"). Those countries may not have the same data protection laws as the country in which you provided the data. When we transfer your data to other countries, we will protect the data as described in this Privacy Notice and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA and the United Kingdom.

We transfer your personal data outside of the EEA or the United Kingdom with appropriate organizational safeguards in place. Specifically, we transfer your personal data in accordance with the following:

  • We have incorporated the Standard Contractual Clauses ("SCCs") as a means of safeguarding your personal data. The SCCs are part of our Data Processing Addendum located at https://whimsical.com/dpa. By utilizing our Service, you agree to the transfer of your personal data in accordance with our Data Processing Addendum.

You may request more information about the safeguards that we have put in place in respect of transfers of personal data by contacting us as described in "How to Reach Us" section above.

EU-US Privacy Shield Framework

Whimsical acknowledges that the EU-US Privacy Shield has been invalidated by the Court of Justice in the EU (CJEU). Whimsical has made the decision to continue its participation in, and continue to comply with, the EU-US Privacy Shield Framework, and the Swiss-US Privacy Shield Framework (collectively, the "Frameworks") as set forth by the US Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union, the United Kingdom, and/or Switzerland ("EU Data") to the United States in reliance on the Frameworks. Whimsical has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. Whimsical is committed to subjecting all EU Data, in reliance on the Frameworks, to the Frameworks' applicable Principles. For purposes of enforcing compliance with the Frameworks, Whimsical is subject to the investigatory and enforcement authority of the US Federal Trade Commission. If there is any conflict between the terms in this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Whimsical will continue to monitor guidance from EU supervisory authorities, the CJEU and other relevant regulatory agencies regarding the EU-US Privacy Shield Framework.

Without limiting the above, Whimsical adheres to the Privacy Shield Principle of Accountability for Onward Transfer. Whimsical is responsible for compliance with the Privacy Shield Principles of its agent(s) that process EU or Swiss Personal Data (as defined by the EU General Data Protection Regulation) in a manner inconsistent with the Privacy Shield Principles, unless Whimsical proves that it is not responsible for the event giving rise to the damage. As noted in "Sharing Information" above, we may transfer personal data (including EU Data) to our vendors, consultants and other service providers who need access to such EU Data to carry out work on our behalf. This personal data may be transferred to, and stored at, a destination outside the EEA or the United Kingdom that may not be subject to equivalent data protection law.

In compliance with the Privacy Shield Principles, Whimsical commits to resolve complaints about our collection or use of your personal data. EU, United Kingdom, and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at privacy@whimsical.com

Whimsical has further committed to cooperate with the panel established by the EU data protection authorities and the Swiss Federal Data Protection and Information Commissioner with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland. Under certain conditions specified by the Privacy Shield Principles and more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may also be able to invoke binding arbitration to resolve your complaint.

Privacy Notice Changes

Although most changes are likely to be minor, Whimsical may change its Privacy Notice from time to time, and in Whimsical's sole discretion. Whimsical encourages visitors to frequently check this page for any changes to its Privacy Notice. Your continued use of this site after any change in this Privacy Notice will constitute your acceptance of such change.

How to Reach Us

If you have a question about this Privacy Notice, or you would like to contact us about any of your rights mentioned herein, please contact us at privacy@whimsical.com. You may reach us by mail at Whimsical, Inc., 1630 Welton Street, 7th Floor, Denver, Colorado 80202, USA.