Privacy Policy

Purpose

We at WVN For You are providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive through our Services. This Privacy Policy is incorporated by reference into the WVN For You Terms of Service (the “Terms”). The terms “WVN For You,” “we,” and “us” include WVN For You, Inc. and our affiliates and subsidiaries.

This Privacy Policy explains our online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt out of a use or correct or change such information. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

Scope

This Privacy Policy applies to Personal Information that is Processed by WVN for You in the course of our business, including in our retail stores and on our websites, mobile applications, and other online or offline offerings (collectively, the “Services”).

Personal Information We Collect

Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services.

The categories of personal information we collect depend on whether you are a customer, user, applicant or visitor, and the requirements of applicable law.

Information You Provide to Us.

  • Account Creation: When you create a user account, we may collect your name, email address, postal address, phone number, and password, as well as other optional information you may provide like the type of clothing you prefer.
  • Shopping with Us: We may collect Personal Information from you to improve your in-store shopping experience, including collecting your phone number to provide real-time reservation updates.
  • Your Communications with Us: We collect personal information from you such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter or loyalty program, request customer or technical support, apply for a job or otherwise communicate with us.
  • Surveys: We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
  • Social Media Content and Reviews: We may offer forums, blogs, or social media pages, including for you to review your WVN For You purchases. Any content you provide on these channels will be considered “public” and is not subject to privacy protections.
  • Registration for Sweepstakes or Contests: We may run sweepstakes and contests. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
Information Collected Automatically or From Others
  • Automatic Data Collection: We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices. In addition, we may automatically collect data regarding your use of our Services, such as the types of content you interact with and the frequency and duration of your activities. We may combine your information with information that other people provide when they use our Services, including information about you when they tag you.
  • Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising Technologies: We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.
    • Cookies: Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
    • Pixel Tags/Web Beacons: A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
  • Analytics: We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit . You can opt out of Google’s collection and processing of data generated by your use of the Services by going to .
  • Information from Other Sources: We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
  • Google AdSense & DoubleClick Cookie: Google, as a third party vendor, uses cookies to serve ads on our Service. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet.You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page:
  • Facebook: Their Privacy Policy can be viewed at https://www.facebook.com/privacy/explanation
  • Email Marketing: 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. We may use Email Marketing Service Providers to manage and send emails to You.
  • Klaviyo: Their Privacy Policy can be viewed at https://www.klaviyo.com/privacy
  • Payments: We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
  • Shopify Pay: Their Privacy Policy can be viewed at https://www.shopify.com/legal/privacy
  • Behavioral Remarketing: The Company uses remarketing services to advertise on third party websites to You after You visited our Service. We and Our third-party vendors use cookies to inform, optimize and serve ads based on Your past visits to our Service.
  • Google Ads (AdWords): Google Ads (AdWords) remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
How We use Your Information

We use your information for a variety of business purposes, including to:

Fulfill our contract with you and provide you with our Services, such as:
  • Managing your information and accounts.
  • Providing access to certain areas, functionalities, and features of our Services.
  • Communicating with you about your account, activities on our Services and policy changes.
  • Undertaking activities to verify or maintain the quality or safety of a service or device.
  • Processing your financial information and other payment methods for products or Services purchased.
  • Providing advertising, analytics and marketing services.
  • Processing applications and transactions and
  • Allowing you to register for events.
Analyze and improve our Services pursuant to our legitimate interest, such as:
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity.
  • Measuring interest and engagement in our Services and short-term, transient use, such as contextual customization of ads.
  • Undertaking research for technological development and demonstration.
  • Researching and developing products, services, marketing or security procedures to improve their performance, resilience, reliability or efficiency.
  • Improving, upgrading or enhancing our Services or device.
  • Developing new products and Services.
  • Ensuring internal quality control.
  • Verifying your identity and preventing fraud.
  • Debugging to identify and repair errors that impair existing intended functionality.
  • Enforcing our terms and policies, and
  • Complying with our legal obligations, protecting your vital interest, or as may be required for the public good.
Provide you with additional content and Services, such as:
  • Furnishing you with customized materials about offers, products, and Services that may be of interest, including new content or Services, such as by email.
  • Auditing relating to interactions, transactions and other compliance activities, and
  • Other purposes you consent to, are notified of, or are disclosed when you provide personal information.

Use De-identified and Aggregated Information: We may use personal information and other data about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create.

Share Content with Friends or Colleagues: Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.

How We Use Automatic Collection Technologies: We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:

  • Operationally Necessary: This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality.
  • Performance Related: We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services.
  • Functionality Related: We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed.
  • Advertising or Targeting Related: We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites.

Cross-Device Tracking: Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.

Notice Regarding Third Party Websites, Social Media Platforms and Software Development Kits: The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

Our Services may include publicly accessible blogs, forums, social media pages, and private messaging features. By using such Services, you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes. In addition, social media buttons such as Facebook and Instagram that might include widgets (such as the “share this” button or other interactive mini-programs) may be on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our site. Your interactions with these features apart from your visit to our site are governed by the privacy policy of the company providing it.

We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including analytics and advertising partners to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.

Disclosing Your Information to Third Parties

Except as provided below, we do not disclose your personal information. For a list of the categories of personal information we have disclosed about consumers for a business purpose in the past 12 months, please click here. We have not sold consumers’ personal information in the preceding 12 months.

Service Providers: We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include: IT and related services; information and services; payment processors; customer service providers; and vendors to support the provision of the Services.

Business Partners: We may provide personal information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.

Affiliates: We may share personal information with our affiliated companies.

Advertising Partners: Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.

Disclosures to Protect Us or Others: We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

Disclosure in the Event of Merger, Sale, or Other Asset Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.

Your Choices

General: You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use non- personal information regarding your activities on our Services and for other legal purposes as described above.

Email and Telephone Communications: If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms or this Privacy Policy).

We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law.

Mobile Devices: We may send you push notifications through our mobile application. You may at any time opt- out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.

“Do Not Track”: Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Cookies and Interest-Based Advertising: You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

Your Privacy Rights: In accordance with applicable law, you may have the right to:

  • Access to/Portability of Personal Data: about you consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic Personal Data transferred to another party.
  • Request Correction: of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information or we may refer you to the controller of your personal information who is able to make the correction.
  • Request Deletion: of your personal information, subject to certain exceptions prescribed by law.
  • Request restriction of or object to: processing of your personal information, including the right to opt in or opt out of the sale of your Personal Data to third parties, if applicable, where such requests are permitted by law.

If you would like to exercise any of these rights, contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.

Do Not Sell My Personal Information

We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that "sells" personal information as defined by the CCPA law.

If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use.

Website: You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

  • From Our "Cookie Consent" notice banner

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.

Data Retention

We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Security

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.

Children’s Information

The Services are not directed to children under 17 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.

Other Provisions

Supervisory Authority:

We strive to be fully compliant with the General Data Protection Regulation (GDPR). We may act, depending on the circumstances, as either or both a Controller and a Processor of personal data (as these terms are defined in the GDPR). We act as the Controller of information that we ask you to provide to create an account and information that we automatically collect when you use the Service. We act as the Processor of user-generated content and information provided to us by third parties or other websites. EEA users have the right to request access to personal data, as well as to seek to update, delete or correct their personal data. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact us at customercare@shopwvn.com for additional assistance.

Changes to This Policy

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND
CONDITIONS

WVN For You (hereinafter, “We,” “Us,” “Our”) is offering a mobile
messaging program (the “Program”), which you agree to use and participate in
subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the
“Agreement”). By opting in to or participating in any of our Programs, you accept
and agree to these terms and conditions, including, without limitation, your
agreement to resolve any disputes with us through binding, individual-only
arbitration, as detailed in the “Dispute Resolution” section below. This
Agreement is limited to the Program and is not intended to modify other Terms
and Conditions or Privacy Policy that may govern the relationship between you
and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages
by affirmatively opting into the Program, such as through online or
application-based enrollment forms. Regardless of the opt-in method you utilized
to join the Program, you agree that this Agreement applies to your participation in
the Program. By participating in the Program, you agree to receive autodialed or
prerecorded marketing mobile messages at the phone number associated with
your opt-in, and you understand that consent is not required to make any
purchase from Us. While you consent to receive messages sent using an
autodialer, the foregoing shall not be interpreted to suggest or imply that any or
all of Our mobile messages are sent using an automatic telephone dialing system
(“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no
longer agree to this Agreement, you agree to reply STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of
the Program. You may receive an additional mobile message confirming your
decision to opt out. You understand and agree that the foregoing options are the
only reasonable methods of opting out. You also understand and agree that any
other method of opting out, including, but not limited to, texting words other than
those set forth above or verbally requesting one of our employees to remove you
from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile
telephone number that has been used to subscribe to the Program, including
canceling your service plan or selling or transferring the phone number to
another party, you agree that you will complete the User Opt Out process set
forth above prior to ending your use of the mobile telephone number. You
understand and agree that your agreement to do so is a material part of these
terms and conditions. You further agree that, i f you discontinue the use of
your mobile telephone number without notifying Us of such change, you
agree that you will be responsible for all costs (including attorneys’ fees)
and liabilities incurred by Us, or any party that assists in the delivery of the
mobile messages, as a result of claims brought by individual(s) who are
later assigned that mobile telephone number. This duty and agreement shall
survive any cancellation or termination of your agreement to participate in any of
our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US
HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR
FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE
PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE
TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR
SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS
PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO
CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt
into the Program can expect to receive messages concerning the marketing and
sale of [ DESCRIBE COMPANY’S GOODS/SERVICE OFFERINGS – THIS
SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF
MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY
NOT BE ALLOWED UNDER THE TCPA ].

Cost and Frequency: Message and data rates may apply. The Program
involves recurring mobile messages, and additional mobile messages may be
sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to
the number you received messages from or email us at [COMPANY’S
CUSTOMER SERVICE EMAIL ADDRESS]. Please note that the use of this
email address is not an acceptable method of opting out of the program. Opt
outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if
your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and
may not be available in all areas at all times and may not continue to work in the
event of product, software, coverage or other changes made by your wireless
carrier. We will not be liable for any delays or failures in the receipt of any mobile
messages connected with this Program. Delivery of mobile messages is subject
to effective transmission from your wireless service provider/network operator
and is outside of Our control. T-Mobile is not liable for delayed or undelivered
mobile messages.

Participant Requirements: You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be a
wireless service subscriber with text messaging service. Not all cellular phone
providers carry the necessary service to participate. Check your phone
capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under
thirteen (13) years of age. If you use or engage with the Platform and are
between the ages of thirteen (13) and eighteen (18) years of age, you must have
your parent’s or legal guardian’s permission to do so. By using or engaging with
the Platform, you acknowledge and agree that you are not under the age of
thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and
have your parent’s or legal guardian’s permission to use or engage with the
Platform, or are of adult age in your jurisdiction. By using or engaging with the
Platform, you also acknowledge and agree that you are permitted by your
jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing,

or stalking activity;

  • Objectionable content, including profanity, obscenity, lasciviousness,

violence, bigotry, hatred, and discrimination on the basis of race, sex, religion,
nationality, disability, sexual orientation, or age;

  • Pirated computer programs, viruses, worms, Trojan horses, or other

harmful code;

  • Any product, service, or promotion that is unlawful where such product,

service, or promotion thereof is received;

  • Any content that implicates and/or references personal health information

that is protected by the Health Insurance Portability and Accountability Act
(“HIPAA”) or the Health Information Technology for Economic and Clinical Health
Act (“HITEC” Act); and

  • Any other content that is prohibited by Applicable Law in the jurisdiction

from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy
between you and Us, or between you and 317 LABS, INC. or any other
third-party service provider acting on Our behalf to transmit the mobile messages
within the scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of the
scope or applicability of this agreement to arbitrate, such dispute, claim, or
controversy will be, to the fullest extent permitted by law, determined by
arbitration in [ COMPANY’S CITY, STATE ] before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with
the Commercial Arbitration Rules of the American Arbitration Association (“AAA”)
then in effect. Except as otherwise provided herein, the arbitrator shall apply the
substantive laws of the Federal Judicial Circuit in which [ COMPANY NAME ]’s
principle place of business is located, without regard to its conflict of laws rules.
Within ten (10) calendar days after the arbitration demand is served upon a party,
the parties must jointly select an arbitrator with at least five years’ experience in
that capacity and who has knowledge of and experience with the subject matter
of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar
days, a party may petition the AAA to appoint an arbitrator, who must satisfy the
same experience requirement. In the event of a dispute, the arbitrator shall
decide the enforceability and interpretation of this arbitration agreement in
accordance with the Federal Arbitration Act (“FAA”). The parties also agree that
the AAA’s rules governing Emergency Measures of Protection shall apply in lieu
of seeking emergency injunctive relief from a court. The decision of the arbitrator
shall be final and binding, and no party shall have rights of appeal except for
those provided in section 10 of the FAA. Each party shall bear its share of the
fees paid for the arbitrator and the administration of the arbitration; however, the
arbitrator shall have the power to order one party to pay all or any portion of such
fees as part of a well-reasoned decision. The parties agree that the arbitrator
shall have the authority to award attorneys’ fees only to the extent expressly
authorized by statute or contract. The arbitrator shall have no authority to award
punitive damages and each party hereby waives any right to seek or recover
punitive damages with respect to any dispute resolved by arbitration. The parties
agree to arbitrate solely on an individual basis, and this agreement does not
permit class arbitration or any claims brought as a plaintiff or class member in
any class or representative arbitration proceeding. Except as may be required by
law, neither a party nor the arbitrator may disclose the existence, content, or
results of any arbitration without the prior written consent of both parties, unless
to protect or pursue a legal right. If any term or provision of this Section is
invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this Section or
invalidate or render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather than in
arbitration, the parties hereby waive any right to a jury trial. This arbitration
provision shall survive any cancellation or termination of your agreement to
participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary
rights, power, and authority to agree to these Terms and perform your obligations
hereunder, and nothing contained in this Agreement or in the performance of
such obligations will place you in breach of any other contract or obligation. The
failure of either party to exercise in any respect any right provided for herein will
not be deemed a waiver of any further rights hereunder. If any provision of this
Agreement is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable. Any new features,
changes, updates or improvements of the Program shall be subject to this
Agreement unless explicitly stated otherwise in writing. We reserve the right to
change this Agreement from time to time. Any updates to this Agreement shall be
communicated to you. You acknowledge your responsibility to review this
Agreement from time to time and to be aware of any such changes. By
continuing to participate in the Program after any such changes, you accept this
Agreement, as modified.

DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below:

  • Service providers who provide IT and system administration services.
  • Professional advisers including lawyers, bankers, auditors and insurers
  • Government bodies that require us to report processing activities.
  • Third parties to whom we sell, transfer, or merge parts of our business or our assets.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:

Contact Us

If you have any questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact us at:

WVN For You, Inc.
2151 Delaware Avenue, Suite A
Santa Cruz, CA 95060