Last updated November 11, 2021

At Whele LLC (d/b/a “Perch”) and our affiliated entities and brands, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our websites, products or services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

If you have a disability, you may access this Privacy Policy in an alternative format by contacting privacy@perchhq.com.

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our websites, products or services. “Personal Data” means any information that identifies or relates to a particular living individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies or businesses we don’t own or control or people we don’t manage.

Personal Data

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

You

•  When you provide such information directly to us.
  • When you use our websites or services or purchase our products and, where applicable, provide us with your personal data to create your account or login ID with us, and when you provide your name and address on purchase.
  • When you voluntarily provide information in free-form text boxes through our websites, products or services or through responses to surveys or questionnaires.
  • When you and give us your email address and other personal data (name, telephone numbers or addresses) or send us an email or otherwise contact us.
• When you use our websites or services and such information is collected automatically.
  • Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).

Third Parties

•  Merchants
  • We may receive your Personal Data when we acquire businesses such as Amazon FBA businesses whose assets may include your personal data as (i) past or current customers or potential customers, or (ii) suppliers, distributors or other business contacts.
•   Vendors
  • We may use analytics providers to analyze how you interact and engage with our websites, products or services, or third parties may help us provide you with customer support.
  • We may use vendors to obtain information to generate leads and create user profiles.
•   Advertising Partners
  • We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.
• Our Commercial or Business Purposes for Collecting Personal Data
  • Providing, Customizing and Improving the Websites, Products or Services
    • Processing orders or other transactions; billing.
    • Providing you with the products, services or information you request.
    • Meeting or fulfilling the reason you provided the information to us.
    • Providing support and assistance for the websites, products or services.
    • Improving our websites, products or services, including testing, research, internal analytics and product development.
    • Personalizing our websites, products or services and communications based on your preferences.
    • Doing fraud protection, security and debugging.
    • Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).
  • Marketing our Websites, Products or Services
    • Marketing and selling our websites, products or services.
    • Showing you advertisements, including interest-based or online behavioral advertising.
  • Corresponding with You
    • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Perch or our websites, products or services.
    • Sending emails and other communications according to your preferences, your purchases, or that display content that we think will interest you.
  • Meeting Legal Requirements and Enforcing Legal Terms
    • Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
    • Protecting the rights, property or safety of you, Perch or another party.
    • Enforcing any agreements with you.
    • Responding to claims that any posting or other content violates third-party rights.
    • Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

Service Providers and Other Partners

• Service Providers - These parties help us provide our websites, products or services or perform business functions on our behalf. They include:
  • Hosting, technology and communication providers
  • Security and fraud prevention consultants
  • Support and customer service vendors
  • Product fulfillment and delivery providers
• Advertising Partners - These parties help us market our services and provide you with other offers that may be of interest to you. They include:
  • Ad networks
  • Data brokers
  • Marketing providers
• Analytics Partners - These parties provide analytics on web traffic or usage of our websites, products or services. They include:
  • Companies that track how users found or were referred to our websites, products or services.
  • Companies that track how users interact with our websites, products or services.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under "Meeting Legal Requirements and Enforcing Legal Terms" in the "Our Commercial or Business Purposes for Collecting Personal Data" section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).  

We also receive Personal Data when we acquire companies and brands.  Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve our websites, products or services and promote our business, provided that we will not share such data in a manner that could identify you.

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through our websites or services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the websites or services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave our websites or services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through our websites or services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

Tracking Tools, Advertising and Opt-Out

Our websites use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our websites, products or services. Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our websites, products or services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.  

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our websites, products or services. Disabling these Cookies may make certain features and services unavailable.
•  Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
•  Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our websites or services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on websites or services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the websites or services content for those who engage with our advertising. For example, Google Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.
•  Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Information about Interest-Based Advertisements.”  

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of our services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism and limiting access to your computer or device and browser. Although we work to protect the security of your data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We retain Personal Data about you for as long as necessary to provide you with our websites, products or services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 13 years of age; if you are a child under the age of 13, please do not attempt to register for or otherwise use our websites, products or services or send us any Personal Data. If we learn we have collected Personal Data from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided Personal Data to us, please contact us at privacy@perchhq.com.

EU Data Subject Rights

If you are an EU data subject, you have certain rights with respect to your Personal Data. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is malicious or repetitive, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.  

• Access:  You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
• Rectification:  If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. 
• Erasure:  You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our websites, products or services. 
• Portability:  You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible. 
• Objection:  You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes. 
• Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint:  You have the right to lodge a complaint about Perch's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en

Transfers of Personal Data

Our websites, products and services are generally hosted and operated in the United States (“U.S.”) through Perch and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. In order to transfer your Personal Data to the US, we use standard contractual clauses and security measures to secure your Personal Data a far as possible. By using our websites, products or services, we will process Personal Data about you, regardless of whether provided by you or obtained from a third party and this Personal Data will be transferred to (and processed by) Perch in the U.S., hosted on U.S. servers. In so far as possible, we will obtain your consent to authorize Perch to transfer, store and process your information to and in the U.S., and other countries outside of the UK and the EEA or without adequacy decisions in their favor.

Access and Update

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months and to update the same if it is incorrect. In response, we will provide you with the following information:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.  

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with websites, products or services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

To exercise the rights described above, you or your authorized agent must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 30 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request. You may submit a Valid Request by completing this form or by calling 1-888-914-9661 and using the Perch pin 722925. 

You may also authorize an agent to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

We will not sell your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Data of minors under 16 years of age.

We will not discriminate against you for exercising your rights under applicable data privacy laws, including the CCPA. We will not deny you our products or services, charge you different prices or rates, or provide you a lower quality of products and services if you exercise your rights under the CCPA. However, we may offer different tiers of our websites, products or services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the products or services you receive related to the value of Personal Data that we receive from you.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at privacy@perchhq.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and email address. However, we do not sell consumers’ Personal Data.

California Resident Rights

If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@perchhq.com.

We’re constantly trying to improve our websites, products or services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the Perch website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of our websites, products or services, and you are still responsible for reading and understanding them. If you use our websites, products or services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at privacy@perchhq.com or Whele LLC, dba Perch, 112 S. French Street, Suite 105-1, Wilmington DE 19801, Attn:  Legal Department.