Terms of Service, Privacy Policy & Cookie Policy

Terms of Service

Acceptance of Terms

By using Whale's Secret (localhost) and services it provides ("Service", "Services"), you ("User", "Customer", "You") agree to be bound with the following Terms of Service (the "TOS"), which may be updated by us without any notice to you. You can review the most current version of the TOS at any time at https://whalessecret.com/Terms-Service-Privacy-Policy. The "Service Provider" of Whale's Secret is AITIS s.r.o. Check the About page for more information about the Service Provider.

You agree that you fully understand and agree with TOS, otherwise you are not allowed to use the Services.

You agree that your usage of the Services, your IP address and corresponding usage time, will be logged by the Service Provider. In case of any misuse or malicious use of the Service, this information may be used by the Service Provider to take legal actions against you in cooperation with legal authorities.

You agree not to misuse the Services and not to overload it intentionally or unintentionally.

You also understand and fully agree to our Privacy Policy and Cookie Policy – see below.

Availability and Disclaimer of Warranties

Due to the nature of the Service and the nature of the environment the Service are provided to you, the Service Provider can not guarantee uninterrupted availability of the Services, or accuracy of the information provided, or that the Service is error free.

The Service Provider will perform every reasonable action to its best ability to keep the Services operational and available, and provide the best and the most accurate results to its customers. Occasional outages can not be considered as violation of the Service Provider's duties and can not be compensated. By using this service you thereby indemnify the "Service Provider", its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

THE "SERVICE PROVIDER" DISCLAIMS ALL WARRANTIES WITH REGARD TO THE "SERVICES", INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL THE "SERVICE PROVIDER" BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE "SERVICES".

There are many situations that are out of control of the Service Provider and that can cause a customer to perform a request without receiving an adequate service in return. This includes but is not limited to outages and malfunctions on the side of Service Provider's hosting service and Internet provider, errors in third party software components and services that the Services are based on. You agree to accept this state of facts as an integral part of the Services.

The Service Provider may or may not, at its sole discretion, correct the state of the customer's account.

Refunds and Account Termination

In all common cases, all purchases are final and customers can not ask for refunds. The Service Provider, in its sole and absolute discretion, may issue refunds in exceptional cases, such as proved frauds and account hacks.

At any time, a customer may contact the Service Provider via email and ask for a termination of their account and deleting all personal or business information of that account. A termination of an account is not a sufficient reason on its own for a refund of any kind.

Change of Service

The Service Provider continually changes and improves the Service. It is not possible to create and maintain more versions of the Service based on each customer's preferences, and no compensations can be made for customers who dislike some or all of the changes implemented after their purchase. The Service Provider also reserves its right to remove particular feature from the Service or suspend it without any prior notice. The Service Provider may limit or suspend the Service at its our discretion in order to perform maintenance or update.

Support

The Service Provider provides support to its customers solely on "best effort" basis. The Service Provider considers happy customers as one of its primary goals.

Exploitation of Errors

You agree not to exploit any error in the Service, create or distribute exploit programs or proof of concepts that target the Service. In case you reveal an exploitable error in the Service, please contact the Service Provider.

Privacy Policy and Cookie Policy

1. SCOPE OF POLICY

This policy together with the Terms of Service apply to your use of:

  • our website at localhost (the "Site") including, without limitation,
  • any of its service called Whale's Secret accessible through the Site (the "Services").

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed and used by us:

So that we're clear and there's no misunderstanding about how we handle your personal data, we will:

  • Never sell your data.
  • We do not use your data for direct marketing.
  • Always keep your data safe and private.

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us via our contact form.

Complaints

You have the right to make a complaint at any time to the Czech Data Protection Authority (CDPA) for data protection issues https://www.uoou.cz/en/). We would, however, appreciate the chance to deal with your concerns before you approach the CDPA so please contact us in the first instance via our contact form.

TradingView

Whale's Secret is using TradingView's chart library. Our policy on this page is unrelated to the privacy policy of TradingView. You are advised to review their privacy policy as well.

2. COOKIES

The Site does use cookies to store information about visitors preferences, record user-specific information on which pages the user access or visit, customize Web page content based on visitors browser type or other information that the visitor sends via their browser. Cookies are also used to partially record users' history in order to make the interface of The Site pages easier and more convenient to use.

 

If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites.

3. INFORMATION WE COLLECT ABOUT YOU

We will collect and process the following data about you:

a) Information you give us "Submitted Information": This is information you give us about you by browsing our Site, filling in forms on the Site, or by corresponding with us (for example, by e-mail or via our Support system). It includes information you provide when you register to use Services or, subscribe to any of our Services and when you report a problem with the Services, or the Site. If you contact us, we will keep a record of that correspondence. The information you give us may include your name, address, e-mail address, phone number, username, password and other registration information, financial, details and your Company name, TAX/VAT ID and any other information you provide us in order to prove your eligibility to use our services.

b) Information we collect about you and your device. Each time you visit our Site we will automatically collect the following information:

  • technical information, including the internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device information, the type of mobile browser you use;
  • information about your visit, including the full uniform resource locators (URL), clickstream to, through and from our site (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, device information;
  • Location Information. We use your IP address to determine your location

c) Information to help us deliver our service to you. We work closely with third parties in order to help us deliver our Service to you. These third parties are sub-contractors in technical, payment and accounting services, advertising networks, analytics providers, search information providers. Information we may collect about you from such parties can include information relating to your payment transactions. Please see the 'Disclosure of your Information' section for more information.

4. USES MADE OF THE INFORMATION

Below is a summary of the key types of data that we make use of as part of the Services. For more information on how these types of data are used and for which purposes then please see the table below.

We use information held about you in the following ways:

a) Submitted Information : We will use this information:

  • to carry out our obligations arising from any transactions you enter into with us (delivery of our Services);
  • to notify you about changes to our service;

b) Device Information : We will use this information:

  • to administer our Site for internal operations, including troubleshooting, data analysis, testing, statistical purposes;
  • to improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
  • as part of our efforts to keep our Site safe and secure; and
  • to measure or understand the effectiveness of advertising we serve to you and others, and
  • to comply with our regulatory obligations.

c) Location Information: We will use this information:

  • to comply with our regulatory obligations
  • to protect against fraud;

d) Third Party Information: We will combine this information with information you give to us and information we collect about you from any public sources. We will use this information and the combined information for examle to verify your tax status to make sure we use the right tax regime for billing of our Services.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we use your personal data as stated above, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us via our contact form if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

What we use your information for Type of Information Our reasons Our legitimate interests

To provide the Services:

To carry out our obligations arising from any transactions you enter into with us and to provide you with the information, products and services that you request from us.

Submitted Information

Fulfilling contracts

Our legitimate interests

Our legal obligation

Being efficient about how we fulfil our legal and contractual duties.

Our commercial interest in providing you with a good service.

Complying with regulations that apply to us.

To keep the Services up and running:

To administer our Site for internal operations, including troubleshooting, data analysis, testing, research, statistical purposes; to ensure that content from our site is presented in the most effective and secure manner for you and for your computer;

Submitted Information

Device Information

Fulfilling contracts

Our legitimate interests

Our legal obligation

Being efficient about how we fulfil our legal and contractual duties.

As part of our efforts to keep our Site safe and secure.

Complying with regulations that apply to us.

To help market new products and services that interest you:

To mediate advertising to you and other users of our Site about goods or services that may interest you or them.

Device Information

Third Party Information

Our legitimate interests.

Our commercial interest in making use of advertising revenue to provide some services free of charge.

What do we mean when we say:

Legitimate Interest  this means the interest of ours as a business in conducting and managing The Site to enable us to provide to you the Services and offer the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Fulfilling a Contract:  this means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Our Legal Obligation:  this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

5. MARKETING

We want to make it crystal clear how we use your data for marketing purposes and how you can 'opt-out' from receiving any marketing communications from us whenever you want.

We do not use any personal information of yours for marketing activities other than Google AdSense.

You can ask us or third party (Google) to stop sending you marketing messages at any time.

6. DISCLOSURE OF YOUR INFORMATION

DATA PROCESSING PARTNERS

6.1 We will disclose the data we collect from you to certain third parties who use personal data in delivering their services to us, they use data securely and confidentially and under strict contractual controls in accordance with data protection laws.

6.2 We send personal data to the following sets of data processors in order to perform the Services:

a) Cloud storage providers

This is in order to safely and securely store your data with The Site;

b) Banking and financial services partners

Financial services providers that help us provide the Services including banking partners, banking intermediaries and international payments services providers;

c) Analytics providers

We also use analytics and search engine providers that assist us in the improvement and optimisation of our site;

d) Companies wich outsource our bookkeeping

We share your data with our external bookkeeping provider.

6.3 We may also disclose your personal information in the following circumstances:

If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.

7. STORAGE SECURITY & INTERNATIONAL TRANSFERS

The data that we collect from you will be transferred to, and stored at, a destination inside the European Economic Area (EEA). As we provide an international service your data may be processed outside of the EEA in order for us to fulfill our contract with you to provide the Services. We will need to process your personal data in order for us, for example, to action a request made by you to execute an international payment, process your payment details provide ongoing support services. We will take all steps to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions carried out by payment processing services will be encrypted using Secured Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

The Site include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

8. RETAINING YOUR INFORMATION

As a payer of VAT we are obligated by law to retain documents relating VAT which could contain personal data about you and your transactions for a period of 10 years. We therefore use this retention requirement as a benchmark for all personal data that we receive from you. In order to not hold your information for longer than is strictly necessary we will not hold any of your personal data for more than 10 years after the termination of our business relationship.

9. YOUR LEGAL RIGHTS

You have rights under data protection laws in relation to your personal data. Please see below to find out more about these rights:

You have the right to:

Request access to your personal data (commonly known as a "data subject access request").  This enables you to receive a copy of the personal data we hold about you. If you require this, then please reach out to our support team via the contact form.

Request correction of the personal data that we hold about you.  This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. If you require this, then please reach out to our support team via the contact form.

Request erasure of your personal data.  This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. We are under certain law obligations to retain certain data for a minimum of 10 years (see above). Please note that these retention requirements supersede any right to erasure requests under applicable data protection laws.

Object to processing of your personal data.  This is in situations where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights. Please note that these requirements supersede any right to objection requests under applicable data protection laws. If you object to the processing of certain data then we may not be able to provide the Services and it is likely we will have to terminate your account.

Request restriction of processing of your personal data.  This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. Please note that any requests in relation to the restriction of the processing of your data means that we may not be able to perform the contract we have or are trying to enter into with you (including the Services). In this case, we may have to cancel your use of the Services but we will notify you if this is the case at the time.

Request the transfer of your personal data to you or to a third party.  We will provide to you, your personal data in a structured, commonly used, machine-readable format, which you can then transfer to an applicable third party. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. If you require this then please reach out to our support team via the contact form.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide the Services to you. We will advise you if this is the case at the time you withdraw your consent.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within two months. Occasionally it may take us longer than two months if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (including the Services). In this case, we may have to cancel your use of the Services but we will notify you if this is the case at the time.

10. CHANGES TO PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of Services.

11. CONTACT

All questions relating to data and your privacy are welcomed and should be addressed to our support team. If you have any questions, comments or requests regarding this privacy policy then please contact The Site support team via the contact form.