IWHALE Privacy Policy

1. Introduction and Scope

1.1. Introduction, Data Controller, and Commitment This Policy is issued by WHALEVER LLC, a Limited Liability Company registered in the State of New York, operating under the brand IWHALE (referred to herein as “IWHALE,” “we,” “us,” or “our”). We are committed to maintaining the privacy and security of the Personal Data we process. As the Data Controller, we outline our practices for the collection, use, and protection of your Personal Data when you interact with us.

1.2. Scope and Agreement This Policy applies to your use of our website (https://www.iwhale.com), our professional digital marketing services, and our AI WordPress Website Builder platform. By accessing or using these services, you acknowledge the terms of this Policy. We process your data primarily based on the necessity of processing to perform a contract (i.e., deliver the services you purchased) and our legitimate interests (i.e., website improvement and marketing).

2. Information We Collect

We collect information that identifies or relates to you (“Personal Data”). This data comes from two main sources:

2.1. Information You Provide Directly This includes data submitted through forms, account registration, and direct correspondence:

Identifier Data: Your name, email address, phone number, and physical address.
Professional/Commercial Data: Your company name, job title, industry, and details about the services you request.
Financial Data: Billing information (processed by secure third-party payment processors).
Service-Related Content Data: Information you input into the AI Builder, such as text prompts, images, and content generated by the AI for your website.

2.2. Information We Collect Automatically When you use our website or services, we automatically collect:

Identifier Data: Your IP address and unique account identifiers.
Internet Activity Data: Browsing history, usage of the AI Builder interface, and data collected through log files and analytics tools (like Google Analytics).

3. How We Use Your Information (Purpose and Legal Basis)

We use your Personal Data for the following purposes:

Service Provision and Contract Fulfillment: To deliver the digital marketing services and provide access to the AI WordPress Website Builder. This is necessary for the Performance of a Contract.
AI Model Improvement: We may use anonymized or aggregated AI input and generated data for internal model and service improvement. This is based on our Legitimate Interest to enhance our product.
Account Management: For billing, account management, and fulfilling any necessary Legal Obligations related to record-keeping.
Communication and Marketing: To send essential service updates and promotional materials. This is based on Consent (where required) or our Legitimate Interest in marketing similar services to existing clients.
Security and Compliance: To ensure system security, prevent fraud, and comply with any binding Legal Obligations.

4. Cookies and Tracking Technologies

We use cookies for necessary functions, user authentication, and analytics. Essential cookies are used to maintain your session when you log into the AI Website Builder platform. You can manage your cookie preferences through your browser settings, though restricting necessary cookies may impact service functionality.

5. Sharing and Disclosure of Personal Data

We only disclose your Personal Data to trusted third parties as necessary. All third parties are bound by strict confidentiality and data protection clauses.

Third-Party Processors and Hosting: We engage service providers (“Processors”) to perform essential operational functions, including renting hosting server infrastructure to store and secure client data.
AI Model and Sub-Processor Disclosure: We share service-related content (input prompts and generated data) with specialized external providers who operate the underlying Artificial Intelligence models required to run the website builder.
Data Processing Agreements (DPAs): All Processors, including hosting and AI sub-processors, are required to enter into legally compliant agreements (DPAs) that obligate them to protect your data according to our instructions.
Legal Requirements: We may disclose data if required by law, court order, or governmental request.
Business Transfers: Data may be transferred as part of a merger, acquisition, or sale of assets.

6. Data Security and Retention

6.1. Security Measures We implement commercially reasonable technical and organizational measures (e.g., encryption and access controls) to protect your data. We require our Processors to maintain equivalent security standards.

6.2. Data Retention We retain Personal Data only for as long as necessary:

Service Content Data: Retained for the duration of your active subscription. Deleted within a reasonable period after account termination, unless otherwise required.
Contractual Data: Retained for the duration of the client relationship plus a legally mandated period (typically 5–7 years) to satisfy legal or financial reporting requirements.

7. Your Data Protection Rights

Depending on your jurisdiction, you may have the right to: Access your Personal Data, request Rectification of inaccurate data, request Erasure (Right to be Forgotten), request Data Portability, Object to processing, and Opt-Out of sale or sharing (where applicable).

To exercise any of these rights, please contact us using the details in Section 12.

8. International Data Transfers

Your Personal Data may be processed by us or our Third-Party Processors in countries outside of your jurisdiction (e.g., the United States or locations where AI infrastructure is maintained). When data is transferred from regions like the EEA to a third country, we implement legally recognized safeguards, such as Standard Contractual Clauses (SCCs).

9. Children’s Privacy

Our services are not intended for, nor do we knowingly collect Personal Data from, individuals under the age of 16.

10. Third-Party Websites

Our website may contain links to external sites not operated by us. We are not responsible for the privacy practices or content of these external websites.

11. Changes to This Privacy Policy

We reserve the right to modify this Policy. The most current version will be posted on our website, and the Effective Date will be updated accordingly.

12. Contact Information

If you have any questions, concerns, or requests regarding this Privacy Policy or your data, please contact us:

Email: info@iwhale.com Website: https://www.iwhale.com

Thank you for choosing Iwhale.com. We are committed to safeguarding your privacy and providing you with exceptional digital marketing services and tools.