Privacy Policy
Privacy Policy
Last Revised: June 27, 2024
Last Revised: June 27, 2024
INTRODUCTION
At Sherpa Market Inc., d/b/a Sherpa we are committed to protecting your privacy. This Privacy Policy covers how Sherpa collects, receives, uses, retains, and discloses Personal Information on Sherpa’s website and/or platform.
Sherpa Market Inc., d/b/a Sherpa (“Sherpa”, the “Company”, “us”, “we”, or “our”) operates the Sherpa mobile applications (the “App”), the website Gowithsherpa.com (the “Site”), any other website, web application or mobile application that we own or control and which posts or links to this Privacy Policy now existing or implemented in the future (the “Services”). This Privacy Policy covers all Personal Information collected by Sherpa through the Services.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download the App, register with, or use any part of the Site or the Services. By submitting information through the App, the Site or in connection with the Services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information in accordance with this Privacy Policy. We will review this policy regularly, and we may update it from time to time. This Privacy Policy is incorporated into and subject to our Terms of Service and our User Agreement.
This Privacy Policy also explains how we process 'personal data' about people in the European Economic Area (“EEA”), United Kingdom (“UK”) or Switzerland, as required under the General Data Protection Regulation (“GDPR”). For people in California, we have also prepared a Supplemental Privacy Statement for California Consumers under CCPA (“California Statement”) in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Please review our California Statement below for more information.
INTRODUCTION
At Sherpa Market Inc., d/b/a Sherpa we are committed to protecting your privacy. This Privacy Policy covers how Sherpa collects, receives, uses, retains, and discloses Personal Information on Sherpa’s website and/or platform.
Sherpa Market Inc., d/b/a Sherpa (“Sherpa”, the “Company”, “us”, “we”, or “our”) operates the Sherpa mobile applications (the “App”), the website Gowithsherpa.com (the “Site”), any other website, web application or mobile application that we own or control and which posts or links to this Privacy Policy now existing or implemented in the future (the “Services”). This Privacy Policy covers all Personal Information collected by Sherpa through the Services.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download the App, register with, or use any part of the Site or the Services. By submitting information through the App, the Site or in connection with the Services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information in accordance with this Privacy Policy. We will review this policy regularly, and we may update it from time to time. This Privacy Policy is incorporated into and subject to our Terms of Service and our User Agreement.
This Privacy Policy also explains how we process 'personal data' about people in the European Economic Area (“EEA”), United Kingdom (“UK”) or Switzerland, as required under the General Data Protection Regulation (“GDPR”). For people in California, we have also prepared a Supplemental Privacy Statement for California Consumers under CCPA (“California Statement”) in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Please review our California Statement below for more information.
When We Collect Personal Information
When you download the App or visit the Site, you are free to view the App and the Site without providing any Personal Information. In order to register to use the App or the Site, you will be required to provide certain Personal Information about yourself. Each time you visit the App and login, we request that you provide Personal information about yourself, and we may collect navigational and geolocation information on our App and Site. When you’re not logged in to an account, we may store the information we collect with unique identifiers tied to the browser, application, or device you’re using. When you’re signed in, we also collect information that we store with your account, which we treat as Personal Information. Personal Information is information that you provide to Sherpa which personally identifies you, such as your name, email address, or billing information.
When We Collect Personal Information
When you download the App or visit the Site, you are free to view the App and the Site without providing any Personal Information. In order to register to use the App or the Site, you will be required to provide certain Personal Information about yourself. Each time you visit the App and login, we request that you provide Personal information about yourself, and we may collect navigational and geolocation information on our App and Site. When you’re not logged in to an account, we may store the information we collect with unique identifiers tied to the browser, application, or device you’re using. When you’re signed in, we also collect information that we store with your account, which we treat as Personal Information. Personal Information is information that you provide to Sherpa which personally identifies you, such as your name, email address, or billing information.
Definitions
2.1 Client - Client means any authorized user of the App, the Site or Services who seeks or obtains Sherpa services, including from another user.
2.2 Cookies - Cookies are small pieces of data stored on your device (computer or mobile device).
2.3 Data Controller - Data Controller means the person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are the Data Controller of your Personal Information. You can contact us at Sherpa Market Inc., via email at privacy@gowithsherpa.com.
2.4 Data Processors (or Service Providers) - Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Data Processors (or Service Providers) in order to process your Data and/or Personal Information more effectively.
2.5 Data Subject - Data Subject is any identified or identifiable individual who is using the App or the Site and is the provider of Personal Information, and includes Clients and Sherpas.
2.6 Personal Information - Personal Information means Individually Identifiable Information about a Data Subject.
2.7 Sherpa – Sherpa means any authorized user of the App, the Site or Services that utilizes the Services to advertise, provide, or receive payment for the provision of services to Clients.
2.8 Usage Data - Usage Data is data collected automatically either generated by the use of the App or the Site or from the App’s or the Site’s infrastructure itself (for example, the duration of a page visit).
Definitions
2.1 Client - Client means any authorized user of the App, the Site or Services who seeks or obtains Sherpa services, including from another user.
2.2 Cookies - Cookies are small pieces of data stored on your device (computer or mobile device).
2.3 Data Controller - Data Controller means the person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are the Data Controller of your Personal Information. You can contact us at Sherpa Market Inc., via email at privacy@gowithsherpa.com.
2.4 Data Processors (or Service Providers) - Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Data Processors (or Service Providers) in order to process your Data and/or Personal Information more effectively.
2.5 Data Subject - Data Subject is any identified or identifiable individual who is using the App or the Site and is the provider of Personal Information, and includes Clients and Sherpas.
2.6 Personal Information - Personal Information means Individually Identifiable Information about a Data Subject.
2.7 Sherpa – Sherpa means any authorized user of the App, the Site or Services that utilizes the Services to advertise, provide, or receive payment for the provision of services to Clients.
2.8 Usage Data - Usage Data is data collected automatically either generated by the use of the App or the Site or from the App’s or the Site’s infrastructure itself (for example, the duration of a page visit).
Information Collection and Use
We collect several different types of information for various purposes from both Clients and Sherpas to provide and improve our service to you.
Information Collection and Use
We collect several different types of information for various purposes from both Clients and Sherpas to provide and improve our service to you.
Types of Data Collected
4.1 Personal Information
The specific types of Personal Information we collect will depend upon the Services you use (whether as a Client or a Sherpa), how you use them, and the information you choose to provide. The types of Data we collect directly from you includes, without limitation:
Name, address, telephone number and email address
Date of birth
Location
Log-in credentials, if you create an account
Information about your session interactions with us
Chat messages
Demographic information such as your gender and age
Health and fitness information you provide us, including vaccination status
Feedback or correspondence you send to us
Any other information you choose to directly provide to us in connection with your use of the Services, including for purposes of satisfying the requirements of any background checks
We may invite comments, questions, or feedback on certain public areas of the Site. If you provide information in those public areas of the Site, and such information may read, collected, and used by us and other users of the Site. If you provide information directly to us in other ways, such as by sending us an email, we may retain that information and add it with the other information we have collected from you.
We may use your Personal Information 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.
4.2 Usage and Location Data
We may also collect, use and process information how the App and the Site are accessed and used, and your location when using the Services. This Usage Data may include information such as your device’s geolocation, Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the App or the Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
4.3 Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on the App and the Site and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from an app or a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze the App and the Site.
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). You can set your browser to not accept cookies, but that may prevent us from providing you with the full range of Services we offer. Also, please be aware that if you visit other sites you may be required to accept cookies. The use of cookies by third parties is not covered by our Privacy Policy.
4.4 Web Beacons
Web beacons are electronic images that may be used on our Site or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
4.5 Clear Gifs
We may also use clear gifs or other data files or identifiers to collect information for statistical purposes and to improve and develop the Services. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a hard drive, clear gifs are embedded invisibly on web pages.
4.6 Mobile Application Software Development Kits (SDKs)
We may use third-party software development kits (“SDKs”) in our mobile applications. An SDK is third-party computer code that may be used for a variety of purposes, including to provide us with analytics regarding the use of the App, to integrate with social media, add features or functionality to our Sites or Apps, or to facilitate online advertising. SDKs may enable third parties to collect information directly via the App or the Site.
4.7 Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports application and website traffic. Google uses the data collected to track and monitor the use of the App and the Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt out of having made your activity on the Services available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page here.
4.8 Do Not Track
We also may use these technologies to collect information about your online activities over time and across third-party sites or other online services (behavioral tracking). We do not respond to browser-based “do not track” signals. Some third-party sites who push content to our Site may keep track of your browsing activities over time and across different sites when they serve you content, which enables them to tailor what they present to you.
Types of Data Collected
4.1 Personal Information
The specific types of Personal Information we collect will depend upon the Services you use (whether as a Client or a Sherpa), how you use them, and the information you choose to provide. The types of Data we collect directly from you includes, without limitation:
Name, address, telephone number and email address
Date of birth
Location
Log-in credentials, if you create an account
Information about your session interactions with us
Chat messages
Demographic information such as your gender and age
Health and fitness information you provide us, including vaccination status
Feedback or correspondence you send to us
Any other information you choose to directly provide to us in connection with your use of the Services, including for purposes of satisfying the requirements of any background checks
We may invite comments, questions, or feedback on certain public areas of the Site. If you provide information in those public areas of the Site, and such information may read, collected, and used by us and other users of the Site. If you provide information directly to us in other ways, such as by sending us an email, we may retain that information and add it with the other information we have collected from you.
We may use your Personal Information 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.
4.2 Usage and Location Data
We may also collect, use and process information how the App and the Site are accessed and used, and your location when using the Services. This Usage Data may include information such as your device’s geolocation, Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the App or the Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
4.3 Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on the App and the Site and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from an app or a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze the App and the Site.
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). You can set your browser to not accept cookies, but that may prevent us from providing you with the full range of Services we offer. Also, please be aware that if you visit other sites you may be required to accept cookies. The use of cookies by third parties is not covered by our Privacy Policy.
4.4 Web Beacons
Web beacons are electronic images that may be used on our Site or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
4.5 Clear Gifs
We may also use clear gifs or other data files or identifiers to collect information for statistical purposes and to improve and develop the Services. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a hard drive, clear gifs are embedded invisibly on web pages.
4.6 Mobile Application Software Development Kits (SDKs)
We may use third-party software development kits (“SDKs”) in our mobile applications. An SDK is third-party computer code that may be used for a variety of purposes, including to provide us with analytics regarding the use of the App, to integrate with social media, add features or functionality to our Sites or Apps, or to facilitate online advertising. SDKs may enable third parties to collect information directly via the App or the Site.
4.7 Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports application and website traffic. Google uses the data collected to track and monitor the use of the App and the Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt out of having made your activity on the Services available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page here.
4.8 Do Not Track
We also may use these technologies to collect information about your online activities over time and across third-party sites or other online services (behavioral tracking). We do not respond to browser-based “do not track” signals. Some third-party sites who push content to our Site may keep track of your browsing activities over time and across different sites when they serve you content, which enables them to tailor what they present to you.
Use of Personal Information
Sherpa uses or may use your collected data for various purposes:
To operate, provide and improve our Services;
To send information or content to you which we think may be of interest to you by post, email, or other means and send you marketing communications relating to our business;
To promote use of our services to you and share promotional and information content with you in accordance with your communication preferences;
To send information to you regarding changes to our Terms of Services found at https://gowithsherpa.com/termsofservice, the User Agreement found at https://gowithsherpa.com/useragreement, this Privacy Policy or other legal agreements;
To respond to support requests as well as send you information regarding service upgrades, improvements or issues regarding the use of the App or the Site;
To gather analysis or valuable information so that we can improve the App or the Site;
To monitor the usage of the App or the Site;
To ensure network and information security
To inform you of upgrades or changes to the App or the Site; and
To detect, prevent and address technical issues.
Use of Personal Information
Sherpa uses or may use your collected data for various purposes:
To operate, provide and improve our Services;
To send information or content to you which we think may be of interest to you by post, email, or other means and send you marketing communications relating to our business;
To promote use of our services to you and share promotional and information content with you in accordance with your communication preferences;
To send information to you regarding changes to our Terms of Services found at https://gowithsherpa.com/termsofservice, the User Agreement found at https://gowithsherpa.com/useragreement, this Privacy Policy or other legal agreements;
To respond to support requests as well as send you information regarding service upgrades, improvements or issues regarding the use of the App or the Site;
To gather analysis or valuable information so that we can improve the App or the Site;
To monitor the usage of the App or the Site;
To ensure network and information security
To inform you of upgrades or changes to the App or the Site; and
To detect, prevent and address technical issues.
Disclosure of Personal Information
6.1 Disclosures
Regardless of any choices you make regarding your information (as described below), the Company may disclose information if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on the Company; or (b) protect or defend the rights or property of the Company, users of the Services, or any other party.
6.2 Affiliates
We may share some or all of your information with any other company or individual that directly or indirectly controls, is controlled by or is under common control with the Company (each an “Affiliate”), if any, in which case we will require our Affiliates to honor this Privacy Policy. We may share your Personal Information in connection with, or during negotiations of, a transaction that alters the structure of our business, such as a reorganization, merger, sale, transfer, change of control, or other disposition of all or a portion of our business, assets or stock, including a bankruptcy or similar proceeding. If another company acquires the Company or our assets, or an Affiliate or its assets, that company will possess the information we have collected and will assume the rights and obligations described in this Privacy Policy.
6.3 Disclosure to Third Parties
We may share your information with third party Service Providers or third party business partners that are contractually bound to safeguard your information. We may make such disclosure in order to provide you with the Services; to conduct quality assurance testing; to facilitate creation of accounts; to facilitate your use of the Service; to process any transactions you make through our Site or Services (including without limitation credit card processing); to provide technical support; or to offer you certain products or services or for their promotional or marketing purposes, as permitted by law. We may also share your information with any other party with your express consent.
6.4 Third Party Platforms
We may link to or frame third party websites, and platforms (collectively, “Third Party Platforms”). Our provision of a link to or frame of any Third Party Platform is for your convenience and does not signify our endorsement of such Third Party Platform or its contents. If we display third party websites through a frame, you are on another site. During this process, another entity may collect information from you. We have no control over, do not review, and cannot be responsible for, these outside Third Party Platforms or their content or their privacy practices. Please be aware that the terms of this Privacy Policy do not apply to these Third Party Platforms or content, or to any collection of data after you click on links to such Third Party Platforms.
6.5 Sale of Personal Information
As a general policy, we use Personal Information for internal purposes only, though we may sell (as that term is defined broadly by applicable law) or share (as defined by the California Privacy Rights Act), including for targeted advertising (as that term is defined by the Colorado Privacy Act and the Virginia Consumer Data Protection Act), your personal information to the following categories of third parties, and/or under the following circumstances:
Partners, sponsors, advertisers, service providers and marketers and any other entities that we believe are able to provide Clients and Sherpas with special offers and opportunities, including retail opportunities, that relate to your use of the Services.
Additionally, we may share aggregated information with select companies that wish to reach a particular consumer target audience (e.g., male users between the ages of 25-35 in a particular area). This information will allow these entities to provide relevant offers to specific users.
6.6 Do Not Sell My Personal Information Opt Out
Depending on the jurisdiction in which you are located, you may have the right to opt out of the sale or sharing of your Personal Information. To exercise that right please submit a request to us via email at privacy@gowithsherpa.com. We will need the following information about you to process your request (1) first and last name, (2) email address and (3) zip code. We will fulfill your request within a reasonable time frame in accordance with applicable law.
6.7 Use of Navigational Information
We may use navigational information to operate and improve the App or the Site.
6.8 Testimonials and Comments
We may post customer testimonials and comments on the App or the Site, which may contain Personal Information. We will obtain each customer's consent via the App, the Site or email prior to posting the customer's name and testimonial.
6.9 Security of your Personal Information
The Site, cloud computing services and data storage are hosted by AWS. Please review their privacy policy to understand security protocols for AWS – you can access the AWS Privacy Policy web page here. We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. But remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal information, we cannot guarantee its absolute security.
6.10 Service Providers
We may employ Service Providers to facilitate the App and the Site, to manage the App and the Site on our behalf, to perform Support-related services or to assist us in analyzing how the App and the Site are used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
6.11 Third-Party Payment Processor
We use a third-party payment processor to process payments made to us. In connection with the processing of such payments, we do not retain any personal information or any financial information such as complete credit card numbers. Rather, all such information is provided directly to our third-party processor, Stripe, whose use of your personal information is governed by their privacy policy, which may be viewed here.
Disclosure of Personal Information
6.1 Disclosures
Regardless of any choices you make regarding your information (as described below), the Company may disclose information if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on the Company; or (b) protect or defend the rights or property of the Company, users of the Services, or any other party.
6.2 Affiliates
We may share some or all of your information with any other company or individual that directly or indirectly controls, is controlled by or is under common control with the Company (each an “Affiliate”), if any, in which case we will require our Affiliates to honor this Privacy Policy. We may share your Personal Information in connection with, or during negotiations of, a transaction that alters the structure of our business, such as a reorganization, merger, sale, transfer, change of control, or other disposition of all or a portion of our business, assets or stock, including a bankruptcy or similar proceeding. If another company acquires the Company or our assets, or an Affiliate or its assets, that company will possess the information we have collected and will assume the rights and obligations described in this Privacy Policy.
6.3 Disclosure to Third Parties
We may share your information with third party Service Providers or third party business partners that are contractually bound to safeguard your information. We may make such disclosure in order to provide you with the Services; to conduct quality assurance testing; to facilitate creation of accounts; to facilitate your use of the Service; to process any transactions you make through our Site or Services (including without limitation credit card processing); to provide technical support; or to offer you certain products or services or for their promotional or marketing purposes, as permitted by law. We may also share your information with any other party with your express consent.
6.4 Third Party Platforms
We may link to or frame third party websites, and platforms (collectively, “Third Party Platforms”). Our provision of a link to or frame of any Third Party Platform is for your convenience and does not signify our endorsement of such Third Party Platform or its contents. If we display third party websites through a frame, you are on another site. During this process, another entity may collect information from you. We have no control over, do not review, and cannot be responsible for, these outside Third Party Platforms or their content or their privacy practices. Please be aware that the terms of this Privacy Policy do not apply to these Third Party Platforms or content, or to any collection of data after you click on links to such Third Party Platforms.
6.5 Sale of Personal Information
As a general policy, we use Personal Information for internal purposes only, though we may sell (as that term is defined broadly by applicable law) or share (as defined by the California Privacy Rights Act), including for targeted advertising (as that term is defined by the Colorado Privacy Act and the Virginia Consumer Data Protection Act), your personal information to the following categories of third parties, and/or under the following circumstances:
Partners, sponsors, advertisers, service providers and marketers and any other entities that we believe are able to provide Clients and Sherpas with special offers and opportunities, including retail opportunities, that relate to your use of the Services.
Additionally, we may share aggregated information with select companies that wish to reach a particular consumer target audience (e.g., male users between the ages of 25-35 in a particular area). This information will allow these entities to provide relevant offers to specific users.
6.6 Do Not Sell My Personal Information Opt Out
Depending on the jurisdiction in which you are located, you may have the right to opt out of the sale or sharing of your Personal Information. To exercise that right please submit a request to us via email at privacy@gowithsherpa.com. We will need the following information about you to process your request (1) first and last name, (2) email address and (3) zip code. We will fulfill your request within a reasonable time frame in accordance with applicable law.
6.7 Use of Navigational Information
We may use navigational information to operate and improve the App or the Site.
6.8 Testimonials and Comments
We may post customer testimonials and comments on the App or the Site, which may contain Personal Information. We will obtain each customer's consent via the App, the Site or email prior to posting the customer's name and testimonial.
6.9 Security of your Personal Information
The Site, cloud computing services and data storage are hosted by AWS. Please review their privacy policy to understand security protocols for AWS – you can access the AWS Privacy Policy web page here. We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. But remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal information, we cannot guarantee its absolute security.
6.10 Service Providers
We may employ Service Providers to facilitate the App and the Site, to manage the App and the Site on our behalf, to perform Support-related services or to assist us in analyzing how the App and the Site are used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
6.11 Third-Party Payment Processor
We use a third-party payment processor to process payments made to us. In connection with the processing of such payments, we do not retain any personal information or any financial information such as complete credit card numbers. Rather, all such information is provided directly to our third-party processor, Stripe, whose use of your personal information is governed by their privacy policy, which may be viewed here.
Your Choices Regarding Your Information
7.1 Choices
We offer you choices regarding the collection, use, and sharing of your information (including as described in Section 6.5 above). When you receive 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. Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from these third parties. Despite your indicated e-mail preferences, we may send you emails related to your account or transactions thereunder, or notices of any updates to our Terms of Service, User Agreement or Privacy Policy.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Service may be inaccessible or not function properly. You can choose whether or not to allow the Service to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Service may be inaccessible or not function properly.
7.2 Changes to Information
You may change any information in your account by sending an e-mail to us at privacy@gowithsherpa.com. You may request deletion of your information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
7.3 To Unsubscribe from Our Communications
You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our emails or by sending us email us at privacy@gowithsherpa.com.
Customers cannot opt out of receiving transactional emails.
Your Choices Regarding Your Information
7.1 Choices
We offer you choices regarding the collection, use, and sharing of your information (including as described in Section 6.5 above). When you receive 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. Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from these third parties. Despite your indicated e-mail preferences, we may send you emails related to your account or transactions thereunder, or notices of any updates to our Terms of Service, User Agreement or Privacy Policy.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Service may be inaccessible or not function properly. You can choose whether or not to allow the Service to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Service may be inaccessible or not function properly.
7.2 Changes to Information
You may change any information in your account by sending an e-mail to us at privacy@gowithsherpa.com. You may request deletion of your information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
7.3 To Unsubscribe from Our Communications
You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our emails or by sending us email us at privacy@gowithsherpa.com.
Customers cannot opt out of receiving transactional emails.
Links to Other Site and Mobile Applications
The App and the Site may contain links to other sites that are not operated by us, including links to any social media accounts we may have. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy of every site you visit.
We may maintain pages for Sherpa on social media platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use, and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party site or services.
Links to Other Site and Mobile Applications
The App and the Site may contain links to other sites that are not operated by us, including links to any social media accounts we may have. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy of every site you visit.
We may maintain pages for Sherpa on social media platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use, and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party site or services.
Legal Basis for Processing Personal Information Under General Data Protection Regulation (GDPR)
9.1 If you are from the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland, the Company’s legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.
The Company may collect and process your Personal Information because:
We need to perform a contract with you.
You have given us your consent to do so.
The processing is in our legitimate interests and it is not overridden by your rights.
To comply with the law.
To protect the vital interests of an individual.
For the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
The Company will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We also may retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. We do not use your Personal Information for the purposes of automated decision-making or profiling.
9.2 Transfer of Data
Your information, including Personal Information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
The App and Site are hosted in the United States. If you are located outside of the United States and choose to provide information to us, please note that we may transfer the data, including Personal Information, to the United States or other country and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer to the United States or another country.
The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.
9.3 Disclosure of Data
Legal Requirements
The Company may disclose your Personal Information in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of the Company
To prevent or investigate possible wrongdoing in connection with the App or Site
To protect the personal safety of users of the App, Site or the public
To protect against legal liability
9.4 Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the EEA, you with data protection rights to correct, amend, delete, or limit the use of your Personal Information. To exercise any of these rights, please contact us at privacy@gowithsherpa.com.
Under the GDPR, you have the following data protection rights:
The right to be informed what Personal Information we hold about you.
The right to access, update or to delete the Personal Information we have about you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Information.
The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where the Company relied on your consent to process your Personal Information. (However, withdrawing your consent will not affect the lawfulness of any collection or processing we conducted prior to your withdrawal, nor will it affect collection or processing of your Personal Information conducted in reliance on lawful grounds other than consent.)
We will strive to respond to your request within a month, but this may be extended by an additional two months, if necessary. Please note that we may ask you to verify your identity before responding to your request.
In addition, where we obtain Personal Information about you from a source other than yourself, we may not be required to provide you with certain information described in this Privacy Policy if:
You already have the information
Providing you with the information would prove impossible or would involve a disproportionate effort on our part
We are under legal obligation to obtain or disclose the information, which provides appropriate measures to protect your legitimate interests
We are obliged to keep the information confidential as a result of an obligation of professional secrecy under applicable law.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the EEA, UK or Switzerland. A list of Data Protection Authorities is available at: https://edpb.europa.eu/about-edpb/board/members_en. Unless otherwise indicated in this Privacy Policy, Sherpa is a Data Controller for the Personal Information we collect and process.
Legal Basis for Processing Personal Information Under General Data Protection Regulation (GDPR)
9.1 If you are from the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland, the Company’s legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.
The Company may collect and process your Personal Information because:
We need to perform a contract with you.
You have given us your consent to do so.
The processing is in our legitimate interests and it is not overridden by your rights.
To comply with the law.
To protect the vital interests of an individual.
For the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
The Company will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We also may retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. We do not use your Personal Information for the purposes of automated decision-making or profiling.
9.2 Transfer of Data
Your information, including Personal Information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
The App and Site are hosted in the United States. If you are located outside of the United States and choose to provide information to us, please note that we may transfer the data, including Personal Information, to the United States or other country and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer to the United States or another country.
The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.
9.3 Disclosure of Data
Legal Requirements
The Company may disclose your Personal Information in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of the Company
To prevent or investigate possible wrongdoing in connection with the App or Site
To protect the personal safety of users of the App, Site or the public
To protect against legal liability
9.4 Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the EEA, you with data protection rights to correct, amend, delete, or limit the use of your Personal Information. To exercise any of these rights, please contact us at privacy@gowithsherpa.com.
Under the GDPR, you have the following data protection rights:
The right to be informed what Personal Information we hold about you.
The right to access, update or to delete the Personal Information we have about you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Information.
The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where the Company relied on your consent to process your Personal Information. (However, withdrawing your consent will not affect the lawfulness of any collection or processing we conducted prior to your withdrawal, nor will it affect collection or processing of your Personal Information conducted in reliance on lawful grounds other than consent.)
We will strive to respond to your request within a month, but this may be extended by an additional two months, if necessary. Please note that we may ask you to verify your identity before responding to your request.
In addition, where we obtain Personal Information about you from a source other than yourself, we may not be required to provide you with certain information described in this Privacy Policy if:
You already have the information
Providing you with the information would prove impossible or would involve a disproportionate effort on our part
We are under legal obligation to obtain or disclose the information, which provides appropriate measures to protect your legitimate interests
We are obliged to keep the information confidential as a result of an obligation of professional secrecy under applicable law.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the EEA, UK or Switzerland. A list of Data Protection Authorities is available at: https://edpb.europa.eu/about-edpb/board/members_en. Unless otherwise indicated in this Privacy Policy, Sherpa is a Data Controller for the Personal Information we collect and process.
Residents of Canada
Users of the App and Site from Canada are informed we take appropriate steps to comply with applicable Canadian data privacy requirements, including the Anti-Spam Legislation (CASL) and the Personal Information Protection and Electronic Documents Act (PIPEDA). Note, however, that Personal Information stored or processed outside of Canada, including in the United States or another foreign country, may not be subject to the PIPEDA. In addition, Personal Information stored or processed outside of Canada is subject to the laws of that other country and may be available to the foreign government of the country in which the Personal Information or the entity controlling it is located pursuant to a lawful order in that jurisdiction. This Privacy Policy is intended to provide the required notices regarding our collection and use of Personal Information, including transfer to the United States.
You may request to access, correct, or delete your Personal Information, or withdraw consent to our collection, use or disclosure of your Personal Information, by contacting us at privacy@gowithsherpa.com.
Residents of Canada
Users of the App and Site from Canada are informed we take appropriate steps to comply with applicable Canadian data privacy requirements, including the Anti-Spam Legislation (CASL) and the Personal Information Protection and Electronic Documents Act (PIPEDA). Note, however, that Personal Information stored or processed outside of Canada, including in the United States or another foreign country, may not be subject to the PIPEDA. In addition, Personal Information stored or processed outside of Canada is subject to the laws of that other country and may be available to the foreign government of the country in which the Personal Information or the entity controlling it is located pursuant to a lawful order in that jurisdiction. This Privacy Policy is intended to provide the required notices regarding our collection and use of Personal Information, including transfer to the United States.
You may request to access, correct, or delete your Personal Information, or withdraw consent to our collection, use or disclosure of your Personal Information, by contacting us at privacy@gowithsherpa.com.
Children's Privacy
The App and the Site are not intended to be accessed or used by anyone under the age of 16 (a “Child”).
We do not knowingly collect Personal Information directly from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child without verification of parental consent we take steps to remove that information from our databases.
Children's Privacy
The App and the Site are not intended to be accessed or used by anyone under the age of 16 (a “Child”).
We do not knowingly collect Personal Information directly from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child without verification of parental consent we take steps to remove that information from our databases.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Dispute Resolution
If you have any questions or concerns, please contact Sherpa by e-mail at privacy@gowithsherpa.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Sherpa are unable to reach a resolution to the dispute, you and Sherpa will settle the dispute exclusively as set forth in the User Agreement found at https://gowithsherpa.com/useragreement.
Dispute Resolution
If you have any questions or concerns, please contact Sherpa by e-mail at privacy@gowithsherpa.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Sherpa are unable to reach a resolution to the dispute, you and Sherpa will settle the dispute exclusively as set forth in the User Agreement found at https://gowithsherpa.com/useragreement.
Supplemental Privacy Statement for California Consumers under CCPA
Introduction
Our business proudly serves or will serve certain natural persons residing in the State of California (each, a “consumer”). This California Statement explains rights that California consumers may have under the CCPA.
When we use the term “personal information” in this supplemental California Statement, we are using that term as CCPA defines it, which CCPA generally defines “personal information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. However, personal information does not include publicly available, deidentified, or aggregate consumer information (which are all defined in CCPA). Notably, the definition of “personal information” also does not apply to the collection of personal information from job applicants, employees – whether you are our employee or any employee of the entity arranging access to our Services for you, business owners, directors, officers, or contractors.
14.1 Categories of personal information we collect, the sources of that information, purposes for why we collect it, who we share it with, and whether we sell that personal information
Where we act as a “business” under CCPA (meaning we determine the manner and reasons for why we process your personal information), we may be required to disclose additional information regarding the categories of personal information we collect, the sources where we obtain that information, the purposes for why we collect that information, who we share that information with, as well as whether we sell that personal information – all of which depends on the specific Service.
In particular, we have collected and disclosed the following categories of personal information from users within the last twelve (12) months:
Supplemental Privacy Statement for California Consumers under CCPA
Introduction
Our business proudly serves or will serve certain natural persons residing in the State of California (each, a “consumer”). This California Statement explains rights that California consumers may have under the CCPA.
When we use the term “personal information” in this supplemental California Statement, we are using that term as CCPA defines it, which CCPA generally defines “personal information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. However, personal information does not include publicly available, deidentified, or aggregate consumer information (which are all defined in CCPA). Notably, the definition of “personal information” also does not apply to the collection of personal information from job applicants, employees – whether you are our employee or any employee of the entity arranging access to our Services for you, business owners, directors, officers, or contractors.
14.1 Categories of personal information we collect, the sources of that information, purposes for why we collect it, who we share it with, and whether we sell that personal information
Where we act as a “business” under CCPA (meaning we determine the manner and reasons for why we process your personal information), we may be required to disclose additional information regarding the categories of personal information we collect, the sources where we obtain that information, the purposes for why we collect that information, who we share that information with, as well as whether we sell that personal information – all of which depends on the specific Service.
In particular, we have collected and disclosed the following categories of personal information from users within the last twelve (12) months:
Category
Example
Collected
Disclosed for Business or Commercial Purposes
A.Identifiers
Name, postal address, e-mail address, IP address.
Yes
Yes
B. Personal information categories listed in the California Customer Records statute
Name, telephone number, credit card and debit card information or other financial information
Yes
Yes
C. Protected classification characteristics under California or federal law
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, gender, sexual orientation, veteran or military status, genetic information (including familial genetic information).
Yes
Yes
D. Commercial information
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Yes
Yes
E. Biometric information
Genetic, physiological, biological or behavioral characteristics.
No
No
F. Internet or other similar network activity
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Yes
Yes
G. Geolocation data
Physical location or movements.
Yes
Yes
H. Sensory data
Audio, electronic, visual, thermal, olfactory, or similar information.
No
No
I. Professional or employment-related information
Current or past job history or performance evaluations.
No
No
J. Non-public education information collected by certain federally funded institutions
Education records directly related to a student maintained by an educational institution or party acting on its behalf.
No
No
K. Inferences drawn from other personal information
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
No
No
14.2 Your privacy rights
If you are a resident of California and are not a job applicant, employee/contractor, or employee/contractor of another company interacting with us in your job role, you have the right to request what information we collect, use, and disclose. You also have the right to request that we delete your information.
To make a request, you can contact us at privacy@gowithsherpa.com. Provide us enough information to verify your identity. We will use information you provide to us to verify your identify. If we cannot initially verify your identity, we may request additional information to complete the verification process, such as, for example, a copy of your driver’s license and/or a recent utility or credit card bill.
We will confirm receipt of your request within 10 business days. We must provide the requested information or delete your personal information within 45 days of receipt of your request, but we can use up to an additional 45 days if we let you know that additional time is needed.
You can designate an agent to make a request on your behalf by either: (1) having your agent send us a letter, signed by you, certifying that the agent is acting on your behalf and showing proof that they are registered with the California Secretary of State; or (2) by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf. Please note that we may still require you to verify your identity before we process a request submitted by your agent.
California residents also have certain rights regarding the sale of personal information. California residents have the right to opt out of the sale of their personal information by contacting us at privacy@gowithsherpa.com.
We will not discriminate against you because you have exercised any of your privacy rights under the CCPA.
14.3 Contact Information
We welcome your comments or questions regarding this Privacy Policy. Please e-mail us at privacy@gowithsherpa.com.
