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`EXHIBIT 23
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`EXHIBIT 23
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`Privacy Policy
`6/18/2021
`Case 2:21-cv-00072-JRG-RSP Document 95-2 Filed 06/23/21 Page 2 of 11 PageID #: 2703
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`Last modified: January 4, 2021 (archived versions)
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`WhatsApp Privacy Policy
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`If you live in the European Region, WhatsApp Ireland Limited provides the services to you under this Terms of Service and Privacy Policy.
`WhatsApp Legal Info
`
`If you live outside the European Region, WhatsApp LLC ("WhatsApp," "our," "we," or "us") provides our Services to you under this Terms
`of Service and Privacy Policy.
`Our Privacy Policy ("Privacy Policy") helps explain our data practices, including the information we process to provide our Services.
`For example, our Privacy Policy talks about what information we collect and how this affects you. It also explains the steps we take to
`protect your privacy, like building our Services so delivered messages aren’t stored by us and giving you control over who you
`communicate with on our Services.
`We are one of the Facebook Companies. You can learn more further below in this Privacy Policy about the ways in which we share
`information across this family of companies.
`This Privacy Policy applies to all of our Services unless specified otherwise.
`Please also read WhatsApp’s Terms of Service ("Terms"), which describe the terms under which you use and we provide our Services.
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`Key Updates
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`Respect for your privacy is coded into our DNA. Since we started WhatsApp, we’ve built our services with a set of strong privacy
`principles in mind. In our updated Terms of Service and Privacy Policy you’ll find:
`Additional Information On How We Handle Your Data. Our updated Terms and
`Privacy Policy provide more information on how we process your data, and our
`commitment to privacy. For example, we’ve added more information about more
`recent product features and functionalities, how we process your data for safety,
`security, and integrity, and added more direct links to user settings, Help Center
`articles and how you can manage your information.
`Better Communication With Businesses. Many businesses rely on WhatsApp to
`communicate with their customers and clients. We work with businesses that use
`Facebook or third parties to help store and better manage their communications with
`you on WhatsApp.
`Making It Easier To Connect. As part of the Facebook Companies, WhatsApp partners
`with Facebook to offer experiences and integrations across Facebook’s family of apps
`and products.
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`Information We Collect
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`WhatsApp must receive or collect some information to operate, provide, improve, understand, customize, support, and market our
`Services, including when you install, access, or use our Services.
`The types of information we receive and collect depend on how you use our Services. We require certain information to deliver our
`Services and without this we will not be able to provide our Services to you. For example, you must provide your mobile phone number
`to create an account to use our Services.
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`Our Services have optional features which, if used by you, require us to collect additional information to provide such features. You will
`be notified of such collection, as appropriate. If you choose not to provide the information needed to use a feature, you will be unable
`to use the feature. For example, you cannot share your location with your contacts if you do not permit us to collect your location data
`from your device. Permissions can be managed through your Settings menu on both Android and iOS devices.
`Information You Provide
`Your Account Information. You must provide your mobile phone number and basic
`information (including a profile name of your choice) to create a WhatsApp account. If
`you don’t provide us with this information, you will not be able to create an account to
`use our Services. You can add other information to your account, such as a profile
`picture and "about" information.
`Your Messages. We do not retain your messages in the ordinary course of providing
`our Services to you. Instead, your messages are stored on your device and not typically
`stored on our servers. Once your messages are delivered, they are deleted from our
`servers. The following scenarios describe circumstances where we may store your
`messages in the course of delivering them:
`Undelivered Messages. If a message cannot be delivered immediately (for example, if the recipient is
`offline), we keep it in encrypted form on our servers for up to 30 days as we try to deliver it. If a
`message is still undelivered after 30 days, we delete it.
`Media Forwarding. When a user forwards media within a message, we store that media temporarily in
`encrypted form on our servers to aid in more efficient delivery of additional forwards.
`We offer end-to-end encryption for our Services. End-to-end encryption means that
`your messages are encrypted to protect against us and third parties from reading
`them. Learn more about end-to-end encryption and how businesses communicate
`with you on WhatsApp.
`Your Connections. You can use the contact upload feature and provide us, if permitted
`by applicable laws, with the phone numbers in your address book on a regular basis,
`including those of users of our Services and your other contacts. If any of your
`contacts aren’t yet using our Services, we’ll manage this information for you in a way
`that ensures those contacts cannot be identified by us. Learn more about our contact
`upload feature here. You can create, join, or get added to groups and broadcast lists,
`and such groups and lists get associated with your account information. You give your
`groups a name. You can provide a group profile picture or description.
`Status Information. You may provide us your status if you choose to include one on
`your account. Learn how to use status on Android, iPhone, or KaiOS.
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`Transactions And Payments Data. If you use our payments services, or use our
`Services meant for purchases or other financial transactions, we process additional
`information about you, including payment account and transaction information.
`Payment account and transaction information includes information needed to
`complete the transaction (for example, information about your payment method,
`shipping details and transaction amount). If you use our payments services available in
`your country or territory, our privacy practices are described in the applicable
`payments privacy policy.
`Customer Support And Other Communications. When you contact us for customer
`support or otherwise communicate with us, you may provide us with information
`related to your use of our Services, including copies of your messages, any other
`information you deem helpful, and how to contact you (e.g., an email address). For
`example, you may send us an email with information relating to app performance or
`other issues.
`Automatically Collected Information
`Usage And Log Information. We collect information about your activity on our
`Services, like service-related, diagnostic, and performance information. This includes
`information about your activity (including how you use our Services, your Services
`settings, how you interact with others using our Services (including when you interact
`with a business), and the time, frequency, and duration of your activities and
`interactions), log files, and diagnostic, crash, website, and performance logs and
`reports. This also includes information about when you registered to use our Services;
`the features you use like our messaging, calling, Status, groups (including group name,
`group picture, group description), payments or business features; profile photo,
`"about" information; whether you are online, when you last used our Services (your
`"last seen"); and when you last updated your "about" information.
`Device And Connection Information. We collect device and connection-specific
`information when you install, access, or use our Services. This includes information
`such as hardware model, operating system information, battery level, signal strength,
`app version, browser information, mobile network, connection information (including
`phone number, mobile operator or ISP), language and time zone, IP address, device
`operations information, and identifiers (including identifiers unique to Facebook
`Company Products associated with the same device or account).
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`Location Information. We collect and use precise location information from your
`device with your permission when you choose to use location-related features, like
`when you decide to share your location with your contacts or view locations nearby or
`locations others have shared with you. There are certain settings relating to location-
`related information which you can find in your device settings or the in-app settings,
`such as location sharing. Even if you do not use our location-related features, we use
`IP addresses and other information like phone number area codes to estimate your
`general location (e.g., city and country). We also use your location information for
`diagnostics and troubleshooting purposes.
`Cookies. We use cookies to operate and provide our Services, including to provide our
`Services that are web-based, improve your experiences, understand how our Services
`are being used, and customize them. For example, we use cookies to provide our
`Services for web and desktop and other web-based services. We may also use cookies
`to understand which of our Help Center articles are most popular and to show you
`relevant content related to our Services. Additionally, we may use cookies to
`remember your choices, like your language preferences, to provide a safer experience,
`and otherwise to customize our Services for you. Learn more about how we use
`cookies to provide you our Services.
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`Third-Party Information
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`Information Others Provide About You. We receive information about you from other
`users. For example, when other users you know use our Services, they may provide
`your phone number, name, and other information (like information from their mobile
`address book) just as you may provide theirs. They may also send you messages, send
`messages to groups to which you belong, or call you. We require each of these users
`to have lawful rights to collect, use, and share your information before providing any
`information to us.
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`You should keep in mind that in general any user can capture screenshots of your
`chats or messages or make recordings of your calls with them and send them to
`WhatsApp or anyone else, or post them on another platform.
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`User Reports. Just as you can report other users, other users or third parties may also
`choose to report to us your interactions and your messages with them or others on
`our Services; for example, to report possible violations of our Terms or policies. When a
`report is made, we collect information on both the reporting user and reported user.
`To find out more about what happens when a user report is made, please see
`Advanced Safety and Security Features.
`Businesses On WhatsApp. Businesses you interact with using our Services may provide
`us with information about their interactions with you. We require each of these
`businesses to act in accordance with applicable law when providing any information to
`us.
`
`When you message with a business on WhatsApp, keep in mind that the content you
`share may be visible to several people in that business. In addition, some businesses
`might be working with third-party service providers (which may include Facebook) to
`help manage their communications with their customers. For example, a business may
`give such third-party service provider access to its communications to send, store,
`read, manage, or otherwise process them for the business. To understand how a
`business processes your information, including how it might share your information
`with third parties or Facebook, you should review that business’ privacy policy or
`contact the business directly.
`Third-Party Service Providers. We work with third-party service providers and other
`Facebook Companies to help us operate, provide, improve, understand, customize,
`support, and market our Services. For example, we work with them to distribute our
`apps; provide our technical and physical infrastructure, delivery, and other systems;
`provide engineering support, cybersecurity support, and operational support; supply
`location, map, and places information; process payments; help us understand how
`people use our Services; market our Services; help you connect with businesses using
`our Services; conduct surveys and research for us; ensure safety, security, and integrity;
`and help with customer service. These companies may provide us with information
`about you in certain circumstances; for example, app stores may provide us with
`reports to help us diagnose and fix service issues.
`
`The “How We Work With Other Facebook Companies” section below provides more
`information about how WhatsApp collects and shares information with the other
`Facebook Companies.
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`Third-Party Services. We allow you to use our Services in connection with third-party
`services and Facebook Company Products. If you use our Services with such third-party
`services or Facebook Company Products, we may receive information about you from
`them; for example, if you use the WhatsApp share button on a news service to share a
`news article with your WhatsApp contacts, groups, or broadcast lists on our Services,
`or if you choose to access our Services through a mobile carrier’s or device provider’s
`promotion of our Services. Please note that when you use third-party services or
`Facebook Company Products, their own terms and privacy policies will govern your use
`of those services and products.
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`How We Use Information
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`We use information we have (subject to choices you make and applicable law) to operate, provide, improve, understand, customize,
`support, and market our Services. Here's how:
`Our Services. We use information we have to operate and provide our Services,
`including providing customer support; completing purchases or transactions;
`improving, fixing, and customizing our Services; and connecting our Services with
`Facebook Company Products that you may use. We also use information we have to
`understand how people use our Services; evaluate and improve our Services; research,
`develop, and test new services and features; and conduct troubleshooting activities.
`We also use your information to respond to you when you contact us.
`Safety, Security, And Integrity. Safety, security, and integrity are an integral part of our
`Services. We use information we have to verify accounts and activity; combat harmful
`conduct; protect users against bad experiences and spam; and promote safety,
`security, and integrity on and off our Services, such as by investigating suspicious
`activity or violations of our Terms and policies, and to ensure our Services are being
`used legally. Please see the Law, Our Rights and Protection section below for more
`information.
`Communications About Our Services And The Facebook Companies. We use
`information we have to communicate with you about our Services and let you know
`about our terms, policies, and other important updates. We may provide you
`marketing for our Services and those of the Facebook Companies.
`No Third-Party Banner Ads. We still do not allow third-party banner ads on our
`Services. We have no intention to introduce them, but if we ever do, we will update this
`Privacy Policy.
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`Business Interactions. We enable you and third parties, like businesses, to
`communicate and interact with each other using our Services, such as Catalogs for
`businesses on WhatsApp through which you can browse products and services and
`place orders. Businesses may send you transaction, appointment, and shipping
`notifications; product and service updates; and marketing. For example, you may
`receive flight status information for upcoming travel, a receipt for something you
`purchased, or a notification when a delivery will be made. Messages you receive from a
`business could include an offer for something that might interest you. We do not want
`you to have a spammy experience; as with all of your messages, you can manage these
`communications, and we will honor the choices you make.
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`Information You And We Share
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`You share your information as you use and communicate through our Services, and we share your information to help us operate,
`provide, improve, understand, customize, support, and market our Services.
`Send Your Information To Those With Whom You Choose To Communicate. You
`share your information (including messages) as you use and communicate through our
`Services.
`Information Associated With Your Account. Your phone number, profile name and
`photo, "about" information, last seen information, and message receipts are available
`to anyone who uses our Services, although you can configure your Services settings to
`manage certain information available to other users, including businesses, with whom
`you communicate.
`Your Contacts And Others. Users, including businesses, with whom you communicate
`can store or reshare your information (including your phone number or messages)
`with others on and off our Services. You can use your Services settings and the “block”
`feature in our Services to manage who you communicate with on our Services and
`certain information you share.
`Businesses On WhatsApp. We offer specific services to businesses such as providing
`them with metrics regarding their use of our Services.
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`Third-Party Service Providers. We work with third-party service providers and other
`Facebook Companies to help us operate, provide, improve, understand, customize,
`support, and market our Services. We work with these companies to support our
`Services, such as to provide technical infrastructure, delivery and other systems; market
`our Services; conduct surveys and research for us; protect the safety, security, and
`integrity of users and others; and assist with customer service. When we share
`information with third-party service providers and other Facebook Companies in this
`capacity, we require them to use your information on our behalf in accordance with
`our instructions and terms.
`Third-Party Services. When you or others use third-party services or other Facebook
`Company Products that are integrated with our Services, those third-party services
`may receive information about what you or others share with them. For example, if you
`use a data backup service integrated with our Services (like iCloud or Google Drive),
`they will receive information you share with them, such as your WhatsApp messages. If
`you interact with a third-party service or another Facebook Company Product linked
`through our Services, such as when you use the in-app player to play content from a
`third-party platform, information about you, like your IP address and the fact that you
`are a WhatsApp user, may be provided to such third party or Facebook Company
`Product. Please note that when you use third-party services or other Facebook
`Company Products, their own terms and privacy policies will govern your use of those
`services and products.
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`How We Work With Other Facebook Companies
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`As part of the Facebook Companies, WhatsApp receives information from, and shares information (see here) with, the other Facebook
`Companies. We may use the information we receive from them, and they may use the information we share with them, to help operate,
`provide, improve, understand, customize, support, and market our Services and their offerings, including the Facebook Company
`Products. This includes:
`helping improve infrastructure and delivery systems;
`understanding how our Services or theirs are used;
`promoting safety, security, and integrity across the Facebook Company Products, e.g., securing systems and fighting spam, threats,
`abuse, or infringement activities;
`improving their services and your experiences using them, such as making suggestions for you (for example, of friends or group
`connections, or of interesting content), personalizing features and content, helping you complete purchases and transactions, and
`showing relevant offers and ads across the Facebook Company Products; and
`providing integrations which enable you to connect your WhatsApp experiences with other Facebook Company Products. For
`example, allowing you to connect your Facebook Pay account to pay for things on WhatsApp or enabling you to chat with your
`friends on other Facebook Company Products, such as Portal, by connecting your WhatsApp account.
`Learn more about the other Facebook Companies and their privacy practices by reviewing their privacy policies.
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`Assignment, Change Of Control, And Transfer
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`In the event that we are involved in a merger, acquisition, restructuring, bankruptcy, or sale of all or some of our assets, we will share
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`your information with the successor entities or new owners in connection with the transaction in accordance with applicable data
`protection laws.
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`Managing And Retaining Your Information
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`You can access or port your information using our in-app Request Account Info feature (available under Settings > Account). For iPhone
`users, you can learn how to access, manage, and delete your information through our iPhone Help Center articles. For Android users,
`you can learn how to access, manage, and delete your information through our Android Help Center articles.
`We store information for as long as necessary for the purposes identified in this Privacy Policy, including to provide our Services or for
`other legitimate purposes, such as complying with legal obligations, enforcing and preventing violations of our Terms, or protecting or
`defending our rights, property, and users. The storage periods are determined on a case-by-case basis that depends on factors like the
`nature of the information, why it is collected and processed, relevant legal or operational retention needs, and legal obligations.
`If you would like to further manage, change, limit, or delete your information, you can do that through the following tools:
`Services Settings. You can change your Services settings to manage certain
`information available to other users. You can manage your contacts, groups, and
`broadcast lists, or use our “block” feature to manage the users with whom you
`communicate.
`Changing Your Mobile Phone Number, Profile Name And Picture, And “About”
`Information. If you change your mobile phone number, you must update it using our
`in-app change number feature and transfer your account to your new mobile phone
`number. You can also change your profile name, profile picture, and "about"
`information at any time.
`Deleting Your WhatsApp Account. You can delete your WhatsApp account at any time
`(including if you want to revoke your consent to our use of your information pursuant
`to applicable law) using our in-app delete my account feature. When you delete your
`WhatsApp account, your undelivered messages are deleted from our servers as well as
`any of your other information we no longer need to operate and provide our Services.
`Deleting your account will, for example, delete your account info and profile photo,
`delete you from all WhatsApp groups, and delete your WhatsApp message history. Be
`mindful that if you only delete WhatsApp from your device without using our in-app
`delete my account feature, your information will be stored with us for a longer period.
`Please remember that when you delete your account, it does not affect your
`information related to the groups you created or the information other users have
`relating to you, such as their copy of the messages you sent them.
`You can learn more here about our data deletion and retention practices and about how to delete your account.
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`Law, Our Rights, And Protection
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`We access, preserve, and share your information described in the "Information We Collect" section of this Privacy Policy above if we have
`a good-faith belief that it is necessary to: (a) respond pursuant to applicable law or regulations, legal process, or government requests;
`(b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect,
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`investigate, prevent, or address fraud and other illegal activity or security, and technical issues; or (d) protect the rights, property, and
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`safety of our users, WhatsApp, the other Facebook Companies, or others, including to prevent death or imminent bodily harm.
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`Our Global Operations
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`WhatsApp shares information globally, both internally within the Facebook Companies and externally with our partners and service
`providers, and with those with whom you communicate around the world, in accordance with this Privacy Policy. Your information may,
`for example, be transferred or transmitted to, or stored and processed in, the United States; countries or territories where the Facebook
`Companies’ affiliates and partners, or our service providers are located; or any other country or territory globally where our Services are
`provided outside of where you live for the purposes as described in this Privacy Policy. WhatsApp uses Facebook’s global infrastructure
`and data centers, including in the United States. These transfers are necessary to provide the global Services set forth in our Terms.
`Please keep in mind that the countries or territories to which your information is transferred may have different privacy laws and
`protections than what you have in your home country or territory.
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`Updates To Our Policy
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`We may amend or update our Privacy Policy. We will provide you notice of amendments to this Privacy Policy, as appropriate, and
`update the “Last modified” date at the top of this Privacy Policy. Please review our Privacy Policy from time to time.
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`California Consumer Privacy Act
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`California residents may learn more about their rights, including how to exercise their rights under the California Consumer Privacy Act
`of 2018, by clicking here.
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`Brazilian General Data Protection Law
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`You may learn more about your rights, including how to exercise your rights under the Brazilian General Data Protection Law, by clicking
`here.
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`Contact Us
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`If you have questions or issues about our Privacy Policy, please contact us.
`WhatsApp LLC
`Privacy Policy
`1601 Willow Road
`Menlo Park, California 94025
`United States of America
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