This Privacy Policy (the “Policy”) represents the policy of Wholesale Helper (the “Company”) regarding the collection, use, and management of personal data belonging to:
Site Visitors and Customers are referred to collectively as “Users”.
In order to ensure the free, informed, and unambiguous consent of our Users to the collection and use of personal data, the Company requires all Users to read this Policy and accept the terms and conditions contained herein, together with consent to release personal data subject to such terms and conditions.
Capitalized terms used but not otherwise defined shall have the respective meanings ascribed thereto in the Company’s Terms of Service located at [WHOLESALE HELPER TO INSERT URL] (the “API Agreement”).
This Policy addresses the following topics:
The Company may collect the following data on all Users, in each case as applicable:
Our Resources are not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Resources. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Resources or through any of its features, register on the Resources, make any purchases through the Resources, use any of the interactive or public comment features of this Resources, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at the information provided below.
California residents under 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights (below) for more information.
Users directly provide data to the Company. The Company collects data and processes data when Users:
Customers expressly and directly provide personal data when interacting with the Resources.
The Company collects data from Users for the following purposes:
The Company does not sell or share user personal data with third parties for their direct marketing, except with users’ consent.
The Company provides Resources as defined in the API Agreement. The Company may collect data from its Users in order to provide the Resources. You acknowledge, accept, and agree that without the data collected as set forth above, the Company will not be able to provide most functionality of the Resources.
Customers consent to the release of this information and data to the Company for the purpose of the provision of the Company’s Resources for the Customer’s benefit. This release of information and the relationship between the Company and its Customers is subject to the API Agreement.
The Company securely stores User data on servers leased from a reputable third party hosting service located in the United States. Data is retained in accordance with the Company’s API Agreement.
The Company retains user profile, transaction, and other information for as long as a user maintains their account.
Users may request deletion of their account at any time. Following such requests, the Company deletes the data that it is not required to retain for purposes of regulatory, tax, insurance, litigation, or other legal requirements. For example, the Company retains location, device, and usage data for these purposes for a minimum of 7 years; while it retains such data, it may also use it for purposes of safety, security, fraud prevention and detection, and research and development. In certain circumstances, the Company may be unable to delete a user’s account, such as if there’s an outstanding credit on the account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, the Company will delete the account as described above.
The Company may also retain certain information if necessary, for purposes of safety, security, and fraud prevention. For example, if the Company deactivates a user’s account because of unsafe behavior or security incidents, the Company may retain certain information about that account to prevent that user from opening a new account in the future.
We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our Users are located, but generally include processing personal data:
1. To provide requested Resources and features
In order to provide our Resources, we must collect and use certain personal data. This includes:
2. For purposes of the legitimate interests of the Company or other parties
This includes using personal data to maintain and enhance our Users’ safety and security. For example, we use personal data to prevent use of our Resources by Users who have engaged in inappropriate or dangerous behavior, such as by retaining data of banned Users to prevent their use of the Website.
This also includes purposes such as combating fraud; improving our Resources, direct marketing, research, and development; and enforcing the Company’s API Agreement.
In addition, it includes using personal data to the extent necessary for the interests of other people or the general public, such as in connection with legal or insurance claims, and to protect the rights and safety of others.
3. To fulfill the Company’s legal obligations
We collect and use personal data to comply with applicable laws. The Company may also share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes.
4. With consent
The Company may collect and use personal data based on the User’s consent. For example, we may collect personal data through voluntary surveys. Responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected.
A User who has provided consent to a collection or use of their personal data can revoke it at any time. However, the User will not be able to use any Service or feature that requires collection or use of that personal data.
Some of the Company’s products, Resources, and features require that we share data with other Users or at a User’s request. We may also share data with our affiliates, subsidiaries, and partners, for legal reasons or in connection with claims or disputes.
The Company may share the data we collect, as applicable:
1. With other Users
This includes sharing User’s personally identifying information shared on the Website, including to such User’s Profile on the Website
2. At the User’s request
This includes sharing data with:
3. With the general public
Questions or comments from Users submitted through public forums such as the Company blogs and the Company social media pages may be viewable by the public, including any personal data included in the questions or comments submitted by a User.
4. With the User account owner
If a Customer accesses the Resources using an account owned by another User, we may share their information with the owner of that account.
5. With the Company subsidiaries and affiliates
We share data with our subsidiaries and affiliates to help us provide our Resources or conduct data processing on our behalf. For example, the Company processes and stores data in the United States on behalf of its international subsidiaries and affiliates.
6. With the Company service providers and business partners
The Company provides data to vendors, consultants, marketing partners, research firms, and other service providers or business partners. These include:
7. For legal reasons or in the event of a dispute
The Company may share Users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing personal data with law enforcement officials, public health officials, other government authorities, or other third parties as necessary to enforce our API Agreement or other policies; to protect the Company’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our Resources. If you use another person’s credit card, we may be required by law to share your personal data, including trip or order information, with the owner of that credit card.
This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
8. With consent
The Company may share a User’s personal data other than as described in this notice if we notify the User and they consent to the sharing.
The Company may send its Users information about products and Resources of the Company, always with the consent of the User. Customers consent to marketing and promotional communication when they enroll for the Resources pursuant to the API Agreement.
If you have agreed to receive such marketing materials, you may always opt out at a later date. You have the right at any time to stop the Company from contacting you for marketing purposes.
The Company is committed to making you fully aware of all of your data protection rights. Every User is entitled to the following:
The right to access - You have the right to request from the Company copies of your personal data. We may charge you a small fee for this service.
The right to rectification - You have the right to request that the Company correct any information you believe is inaccurate. You also have the right to request the Company to complete information you believe is incomplete.
The right to erasure - You have the right to request that the Company erase your personal data, under certain conditions.
The right to restrict processing - You have the right to request that the Company restrict the processing of your personal data, under certain conditions.
The right to object to processing - You have the right to object to the Company’s processing of your personal data, under certain conditions.
The right to data portability - You have the right to request that the Company transfer the data collected to another organization, or directly to you, under certain conditions.
Customers who voluntarily provide their personal data in order for the Company to provide Resources do so pursuant to the Company’s API Agreement. The retention, return, transfer, and destruction of personal data provided for such purposes is subject to the terms of such API Agreement.
If you make a request, the Company has one month to respond to you. If you would like to exercise any of these rights, please contact us at the information provided below.
Your California Privacy Rights
California Civil Code Section 1798.83 permits residents of the State of California to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are required to respond to a customer request only once during any calendar year. To make such a request you should contact the Company at the information provided below. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information sharing that is covered will be included in our response.
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit the Site, we may collect information from you automatically through cookies or similar technology.
For further information, visit allaboutcookies.org.
The Company uses cookies and similar technologies for purposes such as:
We may also allow others to provide audience measurement and analytics Resources for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those.
You can set your browser not to accept cookies, and you can remove cookies from your browser. However, in a few cases, some of the Site features may not function as a result.
The Site contains links to other websites. This Policy applies only to the Site. If you navigate to any other website from a link on the Site, you should review the privacy policy of such website.
It is our policy to post any changes we make to our Policy on this page. If we make material changes to how we treat our users' personal information, through a notice on the Website home page or in the Website. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Resources and this Policy to check for any changes.
If you have any questions about this Policy, the data we hold from you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us: Email: themes@wholesalehelper.io
Should you wish to report a complaint or if you feel that the Company has not addressed your concern in a satisfactory manner, you may contact your local Data Protection Authority.
These Terms of Service (the "Terms") govern your access to and use of Wholesale Helper's website, applications, and services (collectively, the "Services"). Wholesale Helper ("we," "us," "our") is owned and operated by Shop Circle Ltd, One Kingdom Street, Paddington Central, London - W2 6BD, United Kingdom.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Our Services are designed for and may only be used by individuals who are at least 18 years old. By using our Services, you represent and warrant that you are at least 18 years old.
If you create an account, you are responsible for:
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services solely for your internal business purposes and in accordance with these Terms.
You agree that you will not:
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, and protect your information.
You agree to:
We retain user information as described in our Privacy Policy. Upon termination of your account, we will delete or anonymize your information unless we are legally required to retain it. You may request deletion of your account at any time through our platform or by contacting customer support.
As our Services integrate with Shopify, your use of our Services must also comply with Shopify's Terms of Service and API License and Terms of Use.
When you install our App, we receive an API access token that allows us to access certain Merchant Data. We will only access the minimum data necessary to provide our Services and will comply with all Shopify API limitations and requirements.
You acknowledge that:
The Services, including all content, features, functionality, software, code, data, and materials made available through the Services, are owned by Shop Circle Ltd or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
If you provide us with any feedback, suggestions, or ideas about our Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.
You agree to pay all applicable fees for the Services as set forth on our website or as otherwise agreed upon. All fees are in U.S. dollars and are non-refundable except as otherwise expressly stated in these Terms.
For paid Services, you agree to provide accurate and complete billing information. You authorize us to charge your payment method for all fees incurred. If your payment cannot be completed, we may suspend or terminate your access to the Services.
We reserve the right to change our fees at any time. If we change our fees, we will provide notice of the change on the website or by email, at our option. Your continued use of the Services after such notification constitutes your acceptance of the new fees.
These Terms will remain in effect until terminated by either you or us.
You may terminate these Terms at any time by discontinuing use of our Services and deleting your account.
We may terminate or suspend your access to all or part of the Services at any time, with or without cause, with or without notice, effective immediately. Causes for termination may include, but are not limited to:
Upon termination:
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHOLESALE HELPER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Shop Circle, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Before filing a claim against Wholesale Helper, you agree to attempt to resolve the dispute informally by contacting us. We'll attempt to resolve the dispute informally by contacting you through email.
You and Wholesale Helper agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco, California, or any other location we mutually agree upon.
The following disputes are excluded from the above arbitration agreement: (1) disputes in which either party seeks equitable relief for the alleged unlawful use of intellectual property and (2) small claims court claims.
YOU AND WHOLESALE HELPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AND WHOLESALE HELPER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provisions.
We may modify these Terms at any time. If we make material changes to the Terms, we will notify you by email or by posting a notice on our website prior to the changes becoming effective. Your continued use of the Services after any such change constitutes your acceptance of the modified Terms.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wholesale Helper.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. We may assign or transfer these Terms, at our sole discretion, without restriction.
These Terms, including the Privacy Policy incorporated herein by reference, constitute the entire agreement between you and Wholesale Helper regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.
If you have any questions about these Terms, please contact us at:
Email: themes@wholesalehelper.io
Website: wholesalehelper.io/contact
