Case 2:21-cv-00072-JRG-RSP Document 82-20 Filed 06/08/21 Page 1 of 5 PageID #: 2137
`Case 2:21-cv-00072-JRG-RSP Document 82-20 Filed 06/08/21 Page 1 of 5 PageID #: 2137
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`EXHIBIT S
`EXHIBIT S
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`WhatsApp Legal Info
`5/3/2021
`Case 2:21-cv-00072-JRG-RSP Document 82-20 Filed 06/08/21 Page 2 of 5 PageID #: 2138
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`Privacy Notice
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`You are currently viewing an archived version of the Privacy Policy. View the current version or all past
`versions.
`Last modified: July 7, 2012
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`WhatsApp Inc. ("WhatsApp") recognizes that its customers, visitors and users, want to know what's up with privacy. WhatsApp provides
`this Privacy Policy to help you make an informed decision about whether to use or continue using the WhatsApp Site, WhatsApp
`Software and/or the WhatsApp Service. If you do not agree to our practices, please do not use the WhatsApp Site, WhatsApp
`Software,or WhatsApp Service.
`This Privacy Policy is incorporated into and is subject to the WhatsApp Terms of Service. Your use of the WhatsApp Site, WhatsApp
`Software and the WhatsApp Service and any personal information you provide on the WhatsApp Site or WhatsApp Service remains
`subject to the terms of this Privacy Policy and our Terms of Service.
`Please note that any Status Submissions or other content posted at the direction or discretion of users of the WhatsApp Service
`becomes published content and is not considered personally identifiable information subject to this Privacy Policy.
`What Does This Privacy Policy Cover?
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`This Privacy Policy is part of WhatsApp's Terms of Service and covers the treatment of user information, including personally identifying
`information, obtained by WhatsApp, including information obtained when you access the WhatsApp's Site, use the WhatsApp Service or
`any other software provided by WhatsApp.
`This Privacy Policy does not apply to the practices of companies that WhatsApp does not own or control, or to individuals whom
`WhatsApp does not employ or manage, including any of the third parties to which WhatsApp may disclose user information as set forth
`in this Privacy Policy.
`The Information WhatsApp Collects
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`WhatsApp may obtain the following types of information from or concerning you or your mobile phone device, which may include
`information that can be used to identify you as specified below ("Personally Identifying Information"):
`User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push
`notification name (if applicable), billing information (if applicable) and mobile device information to WhatsApp when choosing to
`participate in various uses of the WhatsApp Service, such as registering as a user, updating your status or requesting status for your
`contacts. In order to provide the WhatsApp Service, WhatsApp will periodically access your address book or contact list on your mobile
`phone to locate the mobile phone numbers of other WhatsApp users ("in-network" numbers), or otherwise categorize other mobile
`phone numbers as "out-network" numbers, which are stored as one-way irreversibly hashed values.
`Cookies Information: When you visit the WhatsApp Site, we may send one or more cookies - a small text file containing a string of
`alphanumeric characters - to your computer that uniquely identifies your browser. WhatsApp uses both session cookies and persistent
`cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits
`to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and
`disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent.
`However, the WhatsApp Site may not function properly if the ability to accept cookies is disabled.
`Log File Information: When you use the WhatsApp Site, our servers automatically record certain information that your web browser
`sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP")
`address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing
`pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request,
`one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and
`various status information. When you use the WhatsApp Service, our servers log certain general information that our application sends
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`WhatsApp Legal Info
`5/3/2021
`Case 2:21-cv-00072-JRG-RSP Document 82-20 Filed 06/08/21 Page 3 of 5 PageID #: 2139
`whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the
`mobile phone numbers the messages were sent from and to.
`The Information WhatsApp Does Not Collect
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`WhatsApp does not collect names, emails, addresses or other contact information from its users' mobile address book or contact lists
`other than mobile phone numbers-the WhatsApp mobile application will associate whatever name the WhatsApp user has assigned to
`the mobile telephone number in his/her mobile address book or contact list - and this occurs dynamically on the mobile device itself
`and not on WhatsApp's servers and is not transmitted to WhatsApp. This means that if you have your friend's mobile phone number
`associated with the name "Shakespeare" in your mobile address book, that's the name that will appear for that mobile phone number in
`your WhatsApp contact list. We do not collect location data, but users may voluntarily share their location with other users via the
`WhatsApp Service.
`The contents of messages that have been delivered by the WhatsApp Service are not copied, kept or archived by WhatsApp in the
`normal course of business. The WhatsApp Service is meant to be a SMS replacement, using data service through a user's phone (either
`via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient
`(who must also be a WhatsApp user), if that recipient is online. If the recipient is not online, the undelivered message is held in
`WhatsApp's server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from
`our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not
`kept or retained by WhatsApp - the only records of the content of any delivered messages reside directly on the sender's and recipient's
`mobile devices (and which may be deleted at the user's option). Notwithstanding the above, WhatsApp may retain date and time stamp
`information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any
`other information which WhatsApp is legally compelled to collect. Files that are sent through the WhatsApp Service will reside on our
`servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time
`in accordance with our general retention policies.
`The Way WhatsApp Uses Information
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`If you submit Personally Identifiable Information to us through the WhatsApp Site, or WhatsApp Service, then we use your personal
`information to operate, maintain, and provide to you the features and functionality of the WhatsApp Site and WhatsApp Service. In
`particular, your mobile phone number is essential to your use of the WhatsApp Service and will be retained. Any billing information that
`may be collected from you will be deleted thirty (30) days after the termination of your account with WhatsApp. Any Personally
`Identifiable Information or status content that you voluntarily disclose on the WhatsApp Service becomes publicly available and may be
`collected and used by other users of the WhatsApp Service (unless such user is blocked by you). Your name (as it is saved in other user's
`mobile phone address book or contact list) may be displayed to other users when you update your status messages through the
`WhatsApp Service and other users may contact you through the WhatsApp Service. We do not use your mobile phone number or other
`Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific
`program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email
`address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major WhatsApp
`Site or WhatsApp Service changes or for customer service purposes). We may use both your Personally Identifiable Information and
`certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream
`data, etc.) to improve the quality and design of the WhatsApp Site and WhatsApp Service and to create new features, promotions,
`functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we improve the WhatsApp Site and
`Service and don't make it suck worse. We may use cookies and log file information to: (a) remember information so that you will not
`have to re-enter it during your visit or the next time you use the WhatsApp Service or WhatsApp Site; (b) provide custom, personalized
`content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track
`your entries, submissions, views and such.
`When WhatsApp Discloses Information
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`Other users of the WhatsApp Service may see your Status Submissions in a way that is consistent with the use of the WhatsApp Service.
`For example, a status of "Can't talk, please SMS instead" set by phone number +1 (408) 555-1212 will be available to every user of the
`WhatsApp Service who has that mobile phone number in their mobile phone's address book or contact list. In other words: If another
`user has your mobile phone number stored in their mobile phone address book or contact list, they will be able see your status
`information unless you have chosen to block such user. "Last Seen" information is available and displayed to each user who has your
`mobile phone number in their mobile phone address book or contact book (and which you have not blocked), and reflects the last
`approximate time the WhatsApp mobile application has been used or brought to the foreground on your mobile phone. "Last Seen"
`information is reported to WhatsApp when a user brings the mobile application to the foreground.
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`WhatsApp Legal Info
`5/3/2021
`Case 2:21-cv-00072-JRG-RSP Document 82-20 Filed 06/08/21 Page 4 of 5 PageID #: 2140
`We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for
`their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the
`ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it
`is reasonably necessary to perform, improve or maintain the WhatsApp Service. We may share non-personally-identifiable information
`(such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested
`third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or
`functionality on the WhatsApp Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable
`information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws
`(such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our
`reasonable belief, an individual's physical safety may be at risk or threatened. WhatsApp also reserves the right to disclose Personally
`Identifiable Information and/or non-personally-identifiable information that WhatsApp believes, in good faith, is appropriate or
`necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party
`claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the WhatsApp Site or our
`servers, and to protect the rights, property, or personal safety of WhatsApp, our users or others.
`Your Choices
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`You may, of course, decline to submit Personally Identifiable Information through the WhatsApp Site or the WhatsApp Service, in which
`case WhatsApp may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please
`delete your account, uninstall the WhatsApp mobile application and discontinue use of the WhatsApp Service; your continued usage of
`the WhatsApp Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and
`security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile
`phone number and granting you access to the WhatsApp Service. Please contact WhatsApp via email to support at whatsapp.com or
`available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in
`or opt-out choices.
`Third-party Advertisers, Links to Other Sites
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`We are (not fans of advertising)[http://blog.whatsapp.com/?p=245]. WhatsApp is currently ad-free and we hope to keep it that way
`forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.
`Our Commitment To Data Security
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`WhatsApp uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your
`personal information. We cannot, however, ensure or warrant the security of any information you transmit to WhatsApp and you do so
`at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the WhatsApp Service is never
`recommended. Once we receive your transmission of information, WhatsApp makes commercially reasonable efforts to ensure the
`security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered,
`or destroyed by breach of any of our physical, technical, or managerial safeguards. If WhatsApp learns of a security systems breach, then
`we may attempt to notify you electronically so that you can take appropriate protective steps. WhatsApp may post a notice on the
`WhatsApp Site or through the WhatsApp Service if a security breach occurs.
`Our Commitment To Childrens' Privacy
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`Protecting the privacy of young children is especially important. For that reason, WhatsApp does not knowingly collect or maintain
`Personally Identifiable Information or non-personally-identifiable information on the WhatsApp Site or WhatsApp Service from persons
`under 16 years of age, and no part of the WhatsApp Service is directed to or intended to be used by persons under 16. If you are under
`16 years of age, then please do not use the WhatsApp Service or access the WhatsApp Site at any time or in any manner. If WhatsApp
`learns that Personally Identifiable Information of persons under 16 years of age has been collected on the WhatsApp Site or WhatsApp
`Service, then WhatsApp may deactivate the account and/or make the status submissions inaccessible. And always, think of the children!
`Special Note to International Users
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`The WhatsApp Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are
`a user accessing the WhatsApp Site and Service from the European Union, Asia, or any other region with laws or regulations governing
`personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of
`the WhatsApp Site and Service, which are governed by California law, this Privacy Policy, and our Terms of Service, you are transferring
`your personal information to the United States and you expressly consent to that transfer and consent to be governed by California law
`for these purposes.
`In the Event of Merger, Sale, or Bankruptcy
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`WhatsApp Legal Info
`5/3/2021
`Case 2:21-cv-00072-JRG-RSP Document 82-20 Filed 06/08/21 Page 5 of 5 PageID #: 2141
`In the event that WhatsApp is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information
`we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of
`our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or
`equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated,
`transferred, or used.
`Changes and updates to this Privacy Notice
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`This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay
`aware of any changes. Your continued use of the WhatsApp Site and WhatsApp Service constitutes your agreement to this Privacy Policy
`and any amendments.
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`Date Last Modified:
`This Privacy Notice was last modified July 7th, 2012
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`https://www.whatsapp.com/legal/?doc=privacy-policy&version=20120707&lang=en
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