Wholesail - Privacy Policy

Wholesail Privacy Policy

Effective Date: February 1, 2019

Garber Street Trading Company d/b/a Wholesail (“Wholesail”, “we”, “us” and/or “our”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the data we collect from users of our website, located at http://paywholesail.com, as well as all related websites, applications (“Application”), networks and other services provided by us an on which a link to this Privacy Policy is displayed (collectively, our “Services”). The term “you” refers to you, the company you identified as a user when you registered for the Services and the individuals authorized to use the Services on behalf of such company.

1. Overview

Wholesail has developed an online accounts receivable platform that is designed to facilitate payments between wholesale sellers and buyers. Please read this entire Privacy Policy closely, as it sets forth how we collect and disclose your data, which includes Business Data (as defined below); however we highlight the follow key concepts:

  • Buyers will be able to see the prices they are charged for any items they purchase, but they will not be able to see prices charged to other buyers.
  • A seller’s list of buyers will not be shared by Wholesail without the seller’s consent.
  • Your bank balance, sales data (for example, your annual sales), and purchase data (for example, your annual purchase volume) will not be shared by Wholesail without your consent.
  • Your bank balance, sales data (for example, your annual sales), and purchase data (for example, your annual purchase volume) will not be shared by Wholesail without your consent.
  • Notwithstanding any of the above, Wholesail may aggregate your data with that of other businesses to provide anonymized, aggregate metrics and statistics.

2. Questions; Contacting Wholesail; Reporting Violations

If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or phone number:

Garber Street Trading Company d/b/a Wholesail
Attn: Legal Department
Wholesail, 221 Main St #324, Los Altos, CA 94023

3. User Consent

By submitting data through our Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your data in accordance with this Privacy Policy.

4. A Note to Users Outside of the United States

If you are a non U.S. user of the Services, by visiting this website and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including theU.S., where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

5. Types of Data We Collect

“Personal Data” means data that allows someone to identify or contact an individual, including, for example, name, address, telephone number, e-mail address, as well as any other non-public information about an individual that is associated with or linked to any of the foregoing data. “Business Data” means data about your company and employees, including for example, business information including your company’s number of employees, industry, annual revenue, accounting system(s), and customers. Business Data may include Personal Data.“Anonymous Data” means data that is not associated with or linked to your Personal Data or Business Data; Anonymous Data does not, by itself, permit the identification of individual persons or your company. We collect Personal Data, Business Data and Anonymous Data, as described below.

(a) Information You Provide to Us.

  • We may collect Personal Data from you, such as your first and last name, telephone number, e-mail and mailing addresses, professional title, company name, and password when you create an account to log in to our network (“Account”).
  • We may collect Business Data from you, such as information about your company and employees, including but not limited to: your company’s name, address, phone number, and business identification number; business information including number of employees, industry, annual revenue, accounting system(s); the names, work phone numbers and work email addresses of your employees who will be using the Services; and information to integrate with your company’s accounting and/or enterprise resource planning system, such as invoice, payment, and customer data, as well information on your sales representatives. We may also collect similar information about your vendors and customers that you enroll through the Services.
  • You will be asked to provide information necessary to complete transactions via the Services, including your name, certain company information and payment information. When you submit payment information, that information is encrypted using industry standard technology.
  • If you sign up your accountant or similar service provider, he or she may use the Services to process payables and receivables for you. Accordingly, your accountant or similar service provider will be able to enter your Personal Data and Business Data as described above on your behalf.
  • If you use our Services on your mobile device, including through our Application(s), we may collect your phone number and the unique device id number.
  • The Services let you store preferences like how your content is displayed, your location, and other settings. We may associate these choices with your ID, browser or the mobile device, and you can edit these preferences at any time.
  • When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
  • Certain Services, such as two-factor authentication, may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
  • We retain information on your behalf, such as files and messages that you store using your Account.
  • If you provide us feedback or contact us via e-mail, telephone or snail mail, we will collect your name and e-mail address, telephone number and/or address, as well as any other content included in message, in order to send you a reply.
  • When you post content on the Services, the information contained in your posting will be stored in our servers and other connected users will be able to see it.
  • When you participate in one of our surveys, we may collect additional profile information.
  • We also collect other types of Personal Data or Business Data that you provide to us voluntarily, such as your operating system and version, and other requested information if you contact us regarding support for the Services.

(b) Information Collected via Technology.

  • Information Collected by Our Servers. To make our Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
  • Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Services, track users’ movements around the Services, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you use the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.
  • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Services. This type of information is collected to make the Services more useful to you and to tailor the experience with us to meet your special interests and needs.
  • Pixel Tags. In addition, we use “Pixel Tags”(also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user.
  • How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable users to opt out of tracking on our Services.
  • Mobile Services. We may also collect non-personal information from your mobile device. Examples of information that may be collected and used include your geographic location, how you use the Application, and information about the type of device you use. In addition, in the event our Application(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application(s). Our Application(s) also gather certain information automatically and store it in log files as described in the “Log Files” section above.
  • Analytics Services. In addition to the tracking technologies we place, other companies may set their own Cookies or similar tools when you use our Services. This includes third party analytics services (“Analytics Services”), including Google Analytics and Mixpanel, that we engage to help analyze how users use the Services. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Services. The information generated by the Cookies or other technologies about your use of our Services (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using our Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services we use, please contact us at support@paywholesail.com. For more information on how Google Analytics collects and processes data, please visit: https://policies.google.com/technologies/partner-sites.

(c) Information Collected from You About Others. If you decide to invite a third party to create an Account, we will collect your and the third party’s names, business information, and e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and e-mail addresses as required above. You or the third party may contact us at support@paywholesail.com to request the removal of this information from our database.

(d) Information Collected from Third Parties. We may receive Personal, Business and/or Anonymous Data about you from third parties, such as financial information from our service providers. We may add this information to the information we have already collected from you via our Services in order to provide and improve our Services. One such third party service provider we use is Plaid Inc. (“Plaid”) to gather your business and financial information about you from financial institutions. By using the Services, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy: https://plaid.com/legal. Additionally, we may partner with third parties to manage our advertising on other sites. Such third party partners may use technologies such as Cookies to gather information about your activities on other sites in order to provide you advertising based on your browsing activities and interests.

(e) Location Information. If you have enabled location services on your phone, we may collect your location information. If you do not want this information collected by us, you can disable location services on your phone.

6. Use of Your Personal Data and Business Data

(a) General Use. In general, Personal Data and Business Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data and Business Data in the following ways:

  • facilitate the creation and secure your Account on our network;
  • identify you as a user in our system;
  • provide improved administration of our Services;
  • provide the Services you request, including to facilitate the business relationships you have with other users and to complete payment transactions;
  • improve the quality of experience when you interact with our Services;
  • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
  • send you administrative e-mail notifications, such as security or support and maintenance advisories;
  • respond to your inquiries related to employment opportunities or other requests;
  • make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback;
  • send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Wholesail (including to contacting you about additional products or services that may be of interest to you);
  • send e-mails messages to you to provide notifications and authorizations in connection with the Services; and
  • to comply with our financial regulatory and other legal obligations.

We may also combine your Personal Data and Business Data with other information collected from or about you to provide you with a better experience, improve the quality and value of the Services and to analyze and understand how the Services are used.

(b) User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Services from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with our Services, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

(c) Creation of Anonymous Data. We may create Anonymous Data records from Personal Data and Business Data by excluding information (such as your name or company name) that makes the data identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve navigation. We reserve the right to use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.

7. Disclosure of Your Personal Data and Business Data.

We disclose your Personal Data and Business Data as described below and as described elsewhere in this Privacy Policy.

(a) Third Parties Designated by You. When you use the Services, the Personal Data and/or Business Data you provide will be shared with the third party that you designate to receive such information, including other websites, your business associates, data entry services, accounting software providers. When you direct us to share Personal Data and/or Business Data with third parties, you agree that we are not responsible for such third parties’ use, misuse, or handling of that Personal Data and/or Business Data.

(b) Users. We will share your Personal Data and/or Business Data with other users solely for the purpose of providing the Services, including to facilitate the business relationships you have with other users and to complete payment transactions. For the avoidance of doubt:

  • Buyers will be able to see the prices they are charged for any items they purchase, but they will not be able to see prices charged to other buyers.
  • A seller’s list of buyers will not be shared by Wholesail without the seller’s consent.
  • A buyer’s list of vendors will not be shared by Wholesail without the buyer’s consent.
  • Your bank balance, sales data (for example, your annual sales), and purchase data (for example, your annual purchase volume) will not be shared by Wholesail without your consent.

(c) Third Party Service Providers. We may share your Personal Data and/or Business Data with our third party service providers to: provide you with our Services, to process payments, to conduct quality assurance testing, to provide technical support, to verify your identity, and/or to provide other services to Wholesail.

(d) Affiliates. We may share some or all of your Personal Data and/or Business Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

(e) Corporate Restructuring. We may share some or all of your Personal Data and Business Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data and Business Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data and Business Data collected by us and will assume the rights and obligations regarding your Personal Data and Business Data as described in this Privacy Policy.

(f) Profile. Certain portions of the information you provide to us may be displayed in your profile available to other connected users, such as your vendors and customers.

(g) Other Disclosures. Regardless of any choices you make regarding your Personal Data and Business Data (as described below), Wholesail may disclose Personal Data and Business Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws and regulations or to respond to subpoenas or warrants served on Wholesail; (c) to protect or defend the rights or property of Wholesail or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

8. Third Party Websites

Our Services may contain links to third party websites. When you click on a link to any other website or location, you will leave our Services and go to another site, and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

You have several choices regarding the use of information on our Service:

(a) Email Communications. We may periodically send you free newsletters and e-mails that directly promote the use of our Services and additional products or services that may be of interest to you. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

(b) Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.

(c) Changing or Deleting Your Data. You may review, update, correct or delete the data in your Account by contacting us at support@paywholesail.com or editing your profile via the Services. If you completely delete all of your data, then your user account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

(d) Applications. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You may at any time opt-out from further allowing us to have access to your location data by disabling location services on your phone or changing the settings within the Application.

10. Security

We seek to use reasonable organizational, technical and administrative measures to protect data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us at support@paywholesail.com.

11. Security of Credit Card and Bank Account Information

For online payments and/or Automated Clearing House (ACH) payouts, we use the payment services of Stripe, Inc. For more information on how payments are handled by Stripe, or to understand the data security and privacy afforded such information, please refer to https://stripe.com/us/privacy.

12. Changes to This Privacy Policy

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Services. Any changes to this Privacy Policy will be effective upon the earlier of 30 calendar days following our dispatch of an e-mail notice to you or 30 calendar days following our posting of notice of the changes on our Services. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your data, you must notify us prior to the effective date of the changes that you wish to terminate your relationship with us. Continued use of our Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.