Privacy Policy

We are Whale Harry A.Ş. ("Whale Harry," "we" or

"us"). We respect your privacy and work hard to

protect the confidentiality of information that you give

us. We will only share your personal data with third

parties in the event that it’s needed for the provision of

services and data you have requested (explained in

detail in this privacy policy).

About us

Whale Harry is the data controller responsible for your

personal data and is the sole owner of the Whale

Harry.com website ("Website"), Whale Harry mobile

and desktop applications, Whale Harry services

(each, a "Service") and all of the information collected

on it. Whale Harry collects information from users in

several ways (explained in detail in this privacy

policy).

This privacy policy applies to personal data that we

collect from you when you visit this Website, create an

account, use our applications or services ("you" or

"your" being interpreted accordingly). It providesinformation on what personal data we collect, why we

collect personal data, how it is used, the lawful basis

on which your personal data is processed, how it is

stored, and how we share information.

As used in this privacy policy, "personal data" means

any information that relates to you from which you can

be identified.

By using our Service or submitting your personal data,

you are agreeing to accept the terms of this privacy

policy, so please read it carefully. If you disagree with

this privacy policy at any point or time, you should

stop using our Services and delete your user account.

Updates

We may update this privacy policy at our discretion

from time to time by posting a new version on our

Website. You should check our Website occasionally

to ensure any changes made are suitable for you. If

required by applicable law, you will be informed of any

significant changes made to the privacy policy.

The current version of this privacy policy was modified

on April 19, 2024.

Personal data that we

collect

There is no need to create an account when

searching and viewing information from certain

markets, such as symbols, quotes, financial data, aswell as ideas and publicly available data of Whale

Harry users.

Data we receive from you:

1. User accounts. If you decide to create an

account, you will need to provide us with some

personal data so we can provide you with access

to our additional services that users benefit from.

You may also elect to provide us with additional

information about you, as described below.

During registration you will be required to provide

us with either:

• your username, email address;

• your account information with one of the

following social Internet services: Facebook,

X (formerly Twitter), Google, Yahoo!, LinkedIn,

Apple; and

• if you want to buy a subscription, we will need

your first name, last name and postal

address.

2. In some cases, you may need to provide and

verify your phone number. You can also add

additional information about yourself in the profile

settings, however, this is not mandatory.

The following information will be publicly

displayed:

• username, the image you have elected to

provide as your user avatar, signature, "About

me", X (formerly Twitter) handle, YouTube

channel link, YouTube username, Facebookprofile, Instagram profile and website, date

joined, subscription level.

3. The following information will not be publicly

displayed:

• your first and last name, phone number and

email.

4. If you register to be a user of Essential/Plus/

Premium/Expert/Ultimate Accounts (a "Paid

User"), our third party payment processor will also

process information about your payment card and

bank account information or payment account

information that we require for the purpose of

recording and processing your account

registration. For further details, please refer to the

point below titled "Payment information", under

the section headed, "When we share your

personal information."

5. Contact data. We also process any personal data

you choose to give when corresponding with us

by phone, email, or otherwise visiting and

interacting with this Website or any other services

we operate.

By providing your phone number, you agree to

receive text messages from us. Message and

data rates may apply. Message frequency varies.

We will not share your contact phone number with

any other parties unless explicitly specified by this

policy.6. Partners data. We also process personal data

you choose to give at registration and connection

to the Partner Program (for more information

please see Partner Program Rules).

7. Cookies and other technologies. We use

browser cookies (small text files placed on your

device) to administer our Site, gather and analyze

statistical information, ensure security, to fight

spam, and for advertising purposes. Cookies

allow us to provide you with a better user

experience when you browse our Website and

also helps to improve its features. More detailed

information on the use of cookies can be found in

our Cookies Policy.

We also use web beacons (tiny graphics with a

unique identifier) for analytics and advertising

purposes and to develop, test, and improve our

services further, as described in our Cookies

Policy.

8. Log files. Like most websites, we use web server

log files. Records in our log files include internet

protocol (IP) addresses (see the "Device

information" section below for further details),

browser types, internet service providers, referring

pages, exit pages, platform types, and date/time

stamps. We use web server log files to administer

the site, provide broad traffic information for site

planning purposes, and to ensure that our terms

of service agreement is being adhered to. Notethat IP addresses are not tied to personal data in

our web server log files.

9. Device information. We collect the following

information about the devices you use to interact

with our services: IP address of the device (from

which we can also infer the country you are

connecting from), device type, operating system,

application and browser version. We collect this

information to prevent spam and abuse of our

services. IP addresses may be considered

personal data in certain jurisdictions, and will be

treated in accordance with this privacy policy.

10.Analytics. When you are using our Website,

mobile and desktop applications, or widgets we

provide to another site, we may collect analytics

information automatically. This information may

include your general device information, device

identifiers (for example, Google Advertising ID, if

you are using an Android device, or Advertising

Identifier (IDFA), if you are using an iOS device),

network information, website, and application

interaction events. We collect pseudonymous data

only and this analytic information does not include

any personal identifiable information from your

profile. We use this information to analyze and

improve the work of our services and applications,

and to develop, test, and improve our service

further. For this purpose we may use internal

analytic as well as third party service providers.

For further details about our use of third partyservice providers, please refer to the Analytics

providers section below.

11.Data we receive from third parties. When you

sign in to your account using your internet service

credentials (Facebook, X (formerly Twitter),

Google, Yahoo!, LinkedIn, Apple), such service

sends us your username and the email address

associated with the credentials you've used. We

neither control nor take any responsibility for the

way third parties provide information about you

and/or process your personal data.

How personal information

is used

We use personal data in various ways that are

necessary to provide the services you intend to use,

certain legitimate interests, and as a necessity in

order to comply with applicable law, as further

described below.

We do not generally rely on your consent to allow us

to process your personal data if there is another lawful

ground available. If we do rely on your consent, we

will make this clear to you at that time.

1. Profile. A profile is a set of information for each

individual user that details his/her viewing

preferences. User settings (chart settings,

toolbars, buttons, etc.) are kept solely for the

purpose of customizing the user's experiencewhen using the Website, applications or user

accounts. We do not share private profile settings

with any third parties.

Note that when you create an account, other

users or visitors may access your public profile

and see any information you have made publicly

available about yourself.

2. User account and profile operations. We use

your contact details, such as username, email

address, or phone number, in the following ways:

• to authenticate your user account, ensure its

security along with the security of our

services, and to prevent spam, fraud, and

abuse;

• to acknowledge, confirm, and deal with your

user account;

• to send all new users a welcome activation

email to verify their email address;

• (For Paid Users) to provide you with

subscription services and contact you

regarding your use of such services. This is

necessary for us to implement your requests;

and

• Paid Users will also receive a notification

email from our payment processor if there are

any issues regarding billing their cards for

auto-renew subscriptions. Users cannot optout of these messages, though they can

delete their account.

3. User account deleting. You may refuse to use

our Website and/or application and may ask us to

delete your account in the Profile settings. Your

account will be deleted after 30 days. During this

time, you can stop the deletion process at any

time.

Please note that if you have requested your

account to be deleted, we will delete the

subsequent personal data you have supplied us.

Some data, such as published ideas/scripts and

messages sent to other users, will be saved as

they have already integrated into our system. This

data must be stored to maintain the integrity of the

platform.

For legitimate business processes and for

compliance with legal obligations, including tax

laws, audits, and security, we must retain certain

data for an extended period. This data includes,

but is not limited to, transaction logs, financial

records, addresses, and employment details. The

duration of retention for each type of data will

comply with specific legal requirements, extending

up to 10 years.

Note that search engines, as well as third parties,

can keep copies of your publicly available

information once your account has been deleted.

It should also be noted that published ideas willremain on the site and messages sent to other

users cannot be deleted.

4. Marketing. We may send you marketing emails

about our products or services that are similar to

the products or services you are subscribed to,

including information about events and other

promotions we feel may interest you. This is

unless you have indicated to us that you do not

wish to receive communications in this manner.

We will send you other promotional information by

email only with your consent, which was given at

the time you provided us with your personal data.

5. Social notifications. We can notify you via email

about new users who have followed you, liked an

idea, new ideas of users that you follow, and so

on.

6. Service-related announcements. On rare

occasions, it may be necessary to send out

service-related announcements. For instance, if

our service is interrupted for a prolonged period or

a major functionality upgrade is released, we

might send all users an email message.

7. Customer service. When you open a support

ticket, we use your contact details as well as

information about your device, server logs, a

description of the problem, along with any other

supporting materials (videos, screenshots, etc.) to

help resolve the issue(s).8. Legitimate interests. We will process your

personal data as necessary for certain legitimate

business interests, which include the following:

• where we are asked to respond to any of your

inquiries, comments, or grievances;

• to administer our services in order to better

understand how visitors interact with the

Website and application, and ensure that they

are presented in the most effective manner for

you and your computer/device;

• to develop and improve our mobile

applications;

• to share personal data among our affiliated

businesses for administrative purposes,

provide subscription services, and in relation

to our sales and marketing activities, except

where we require your consent, as described

above;

• to send you information about our products or

services that are similar to the products or

services you subscribed to (unless you have

refused or opted out of receiving these emails

at the time you provided us with your email

address or you have indicated to us that you

do not wish to receive communications in this

manner). Our legitimate interest is to ensure

our marketing is relevant to you, so we may

process your data to send you information onour products or services that is specifically

tailored to your interests;

• we may anonymize, pseudonymize,

aggregate and de-identify the data that we

collect and use this data for our own internal

business purposes, including sharing it with

our business partners, our affiliated

businesses, agents and other third parties for

commercial, statistical and market research

purposes. For example, to allow those parties

to analyse patterns among groups of people

and conducting research on demographics,

interests, and behavior;

• for internal business/technical operations,

including troubleshooting, data analysis,

testing, research, statistical and survey

purposes, and as part of our efforts to keep

our Website, network, and information

systems secure; and

• to (a) comply with legal obligations, (b)

respond to requests from competent

authorities; (c) enforce our Terms of Use or

House Rules; (d) protect our operations or

those of any of our affiliated businesses; (e)

protect our rights, safety or property, and/or

that of our affiliated businesses, you or others;

and (f) enforce or defend legal rights, or

prevent damage. This means we can storeand disclose your information to law

enforcement authorities, state, or government

agencies if we establish that such disclosure

is necessary to comply with the law. This

includes responses to court orders or

subpoenas, as well as other judicial or

regulatory processes.

11.As used in this privacy policy, “legitimate interests”

means the interests of Whale Harry and our

affiliated businesses in conducting and managing

our business. When we process your personal

data for our legitimate interests, we make sure to

consider and balance any potential impact on you

and your rights under data protection laws. Our

legitimate interests do not automatically override

your interests. We do not use personal data for

activities where our interests override the impact

they may have on our users, unless we have their

explicit consent or those activities are otherwise

required or permitted by law.

When would we share

personal information

We share your personal data with third parties in the

following situations:

1. Service providers. Whale Harry, like many

businesses, occasionally engages with selectedthird parties who act on our behalf to support our

operations, such as (i) card processing or

payment services (see the point below headed

"Payment information"), (ii) IT suppliers and

contractors (i.e. data hosting providers or delivery

partners) as necessary to provide IT support and

enable us to provide subscription services and

other goods/services available on this Website or

to users, (iii) web and mobile analytics providers,

(iv) providers of digital advertising services, and

(v) providers of marketing and sales software

solutions. Pursuant to our instructions, these

parties may access, process or store your

personal data in the course of performing their

duties to us and solely in order to perform the

services we have hired them to provide.

2. Payment information. Paid Users must provide

payment information (name, postal address,

payment card information or payment account

information). This information is used for billing

purposes only and is processed by our payment

processors. When you are making a payment, we

do not have access to your payment card

information. Should we have any issues with

processing an order, the email address you have

provided will be used to contact you.

3. Third-party content providers. When you buy

market data from ICE or other stock exchanges,

we give them your contact details (name, phone

number, address and email) and you sign theagreement. This data is also processed by ICE or

other stock exchanges in order to provide you with

access to the exchanges.

4. Whale Harry affiliated businesses. In order to

provide the services you request from us, our

affiliated businesses may access and process the

information which we collect from you for the

purposes described above, including offering

products and services to you. Our affiliated

businesses will only use your data for the

purposes for which we originally collected said

data.

5. Analytics providers. We may use third-party

service providers to monitor and analyze the use

of our services and mobile/desktop applications.

We use this information to analyze and improve

the work of our services and mobile applications.

We may use Google Analytics as a web analytics

service on the Website, mobile apps and in

conjunction with the widgets we provide.

6. Business transfers. If we sell our business or our

company assets are acquired by a third party,

personal data held by us about our general

account users, subscription account users or

customers may be one of the transferred assets.

7. Administrative and legal reasons. If we need to

disclose your personal data (i) to comply with a

legal obligation and/or judicial or regulatory

proceedings, a court order or other legal process,

(ii) to enforce our Terms of Use, House Rules orother applicable contract terms that you are

subject to, or (iii) to protect us or our contractors

against loss or damage. This may include, but is

not limited to, exchanging information with the

police, courts or law enforcement organisations.

8. Advertising. We display advertising on the

Website and may use remarketing and tracking

features. Remarketing features allow us to display

advertising in a more targeted manner in order to

present advertisements of interest to users, based

on their activity on other websites. Tracking

features allow us to collect information about

impressions, ad clicks and certain actions that

users complete through our Website. This data

also helps us evaluate the performance of ad

campaigns. Note that we collect pseudonymous

data only. We may use the following services for

advertising, remarketing, and tracking purposes:

• Google Ad Manager and Google Ads — they

help us serve and measure the success of

ads on our site. For more information about

how Google uses data, please refer to

their Privacy & Terms document as well

as Google's Privacy Policy. You can opt out of

this by visiting the Network Advertising

Initiative opt-out page or by turning off the

personalization of Google ads via their Ad

Settings page.• Meta pixel — allows us to measure, optimise,

and build audiences for our advertising

campaigns.

• X (formerly Twitter) Conversion Tracking (X

Pixel) — helps us to measure our return on ad

expenditure. For more information about X

(formerly Twitter) data processing, please see

their Privacy policy. Note that we do not share

any personal information with our advertisers.

They can only access general statistics that

include the amount of impressions their ads

have generated as well as clicks.

9. Google reCAPTCHA. We use reCAPTCHA to

check whether data has been entered by a person

or by an automated program. We use this service

to protect our services from spam, fraud and

abuse. reCAPTCHA analyses the behavior of the

visitor using various characteristics and evaluates

various information for analysis purposes (e.g. IP

address, visit duration, or the user's mouse

clicks). This analysis begins automatically, as

soon as the website visitor accesses the website,

and runs in the background. Visitors are not

informed that an analysis is being performed. The

data recorded during analysis is forwarded to

Google.

10.YouTube API services. We use the YouTube API

to share your chosen video ideas to your YouTube

account. When you use this service, you will needto sign in with your Google account and grant us

permission to access your YouTube account. We

will only use this access to upload videos that you

choose to share with us. We will not store, modify,

delete, or view any other data from your YouTube

account. We will also not share your Google

account information with any third parties. You can

revoke our access to your YouTube account at

any time by visiting Google security settings page.

By using this service you are agreeing to be

bound by the YouTube Terms of Service.

Public information on our

site

1. Public profile. When you create your profile on

our Service, other users or visitors may access

your public profile and see any information you

have made available about yourself. When

browsing for trading ideas, they will only be able

to view your market information (i.e. published

ideas and scripts, markets allocation, top

mentioned Symbols, etc.), social information (i.e.

followers and following lists along with the ideas

that you follow and comment on), contact

information (i.e. your About section, avatar, links

to your social media accounts, website, etc.), your

community status (i.e. Moderator or Pro badges,

statistical information such as reputation points,views, likes, followers, registration date, as well

your last visit date). Your email address, however,

will not be visible (unless you choose to make it

visible).

2. Public content. Our Service allows those with a

registered user account to share their charts with

indicators and comments, their ideas, scripts, and

other content with the rest of the internet via our

publish features.

By using public publishing features, you grant us

an irrevocable, perpetual, and royalty-free license

to publish and disclose the content, as well as the

username of the author, which makes you

identifiable.

You can also publish your content as "private".

This means that it will not be displayed in your

profile or your lists of ideas, scripts, etc., nor will it

be indexed by search engines. However, users

who have a direct link to your content will be able

to view it. Note that you will control over who/

which users have access to a link.

When you comment on any content, we also

publish certain information about your comment:

including date, time and application (such as

"Whale Harry for iOS" if you commented on it from

one of our applications).

3. Chats and private messages. When you

communicate with other users in public and

private chats, we store and process yourmessages and any related information. We check

links to make sure there is no malicious software

or content as well as to detect spam and

prohibited images/text. When you use private

messages to communicate, please keep in mind

that the recipients have a copy of your

correspondence as well. This will continue to be

the case even if you delete such correspondence

from your account. Recipients can copy, store

and/or reshare these messages. Be constantly

vigilant of this.

Security of personal data

We use technical and organizational safeguards to

protect your personal data and require third parties

with whom we work to do the same.

We use Transport Layer Security (TLS) encryption

technology in order to protect certain information that

you submit to us. This technology protects you from

having your information intercepted by anyone while it

is being transmitted to Whale Harry or payment

processor. While on a secure page, such as our order

form, the "lock" icon in the browser window is

displayed, confirming that a secure and encrypted

connection has been established with the Website.

We work hard to ensure that our Service is secure

and that we meet industry standards. We also use

other safeguards, such as firewalls, authentication

systems (i.e. passwords, and personal identificationnumbers), and access control mechanisms to control

unauthorized access to systems and data. If you have

chosen to create an account, you are responsible for

doing everything you reasonably can to keep your

access details secret. You must not share these

details with anyone else.

We also do our best to protect user information offline.

All of our users' personal information is restricted to

our offices. Only employees who need to see the

information to perform their jobs are allowed to access

it.

The servers that store personal data are located in a

secure environment in a locked facility.

We are constantly improving the ways we secure,

store, and process the data we collect, including the

addition of physical security measures that help us

counter unauthorized access to our systems.

However, no method of electronic transmission or

storage is 100% secure. Therefore, we cannot

guarantee its absolute security.

Children and sensitive

personal data

This Website is not directed towards children who are

under the age of 18. We do not knowingly contact or

collect personal information from children below the

age of 18 years, or sensitive personal data ("racial or

ethnic origin, political opinions, religious orphilosophical beliefs, trade union membership, the

processing of genetic data, biometric data for the

purpose of uniquely identifying a natural person, data

concerning health or a natural person's sex life or

sexual orientation," etc.). If you believe we have

inadvertently collected such information, please

contact us immediately so that we can either obtain

special consent or delete the information.

Third-party sites

1. Links to other sites. At our discretion we may

add links (web links) to other websites from our

Website. These websites can be run by third

parties with separate and independent privacy

policies. We, therefore, have no responsibility nor

are we liable for any content, activities or privacy

policies of these linked sites. We suggest you

read the privacy policy of each and every site that

you visit.

2. Our hosted charting solutions. Some business

partners use our charting solutions on their own

websites. Such sites may display messages such

as "Powered by Whale Harry" or similar. We do

not control the privacy policies of these sites,

regardless of whether or not these messages are

displayed. Again, we suggest you read the privacy

policy of each and every site that you visit.EEA and UK users' specific

rights

Individuals subject to European and United Kingdom

("UK") data protection laws may have data subject

rights in relation to the personal data we hold on them

(described in detail below). This may, in and of itself,

be subject to limitations and/or restrictions.

If you are located in the EEA or UK, please contact us

to exercise your rights.

1. Accessing data. If prompted, we will confirm

whether or not we are processing your personal

data and if so, we will provide you with a copy of

that personal data along with any other pertinent

details. If you require additional copies, we may

need to charge a reasonable fee, but this can be

discussed and depends on the situation.

2. Restricting the processing of personal

data. You may ask us to restrict or 'block' the

processing of your personal data in certain

circumstances, for example, if you contest the

accuracy of the data or object to us processing it.

We will notify you before we lift any restriction on

processing. If we share your personal data with

others, we will notify them of the restriction

wherever possible. If prompted, and if it is

possible and lawful to do so, we will also notifyyou with whom we have shared or will share your

personal data so you can contact them directly.

3. Objections. You may:

• ask us to stop processing your personal data

at any time, and we will do so. If we are

relying on a legitimate interest to process your

personal data, then it should not be a problem

unless we demonstrate compelling legitimate

grounds for processing;

• object to our processing of your data for the

purposes of direct marketing at any time. This

can be done by clicking the "unsubscribe"

button in our marketing emails; and

• refuse to receive service notifications via

email (for example, when a user you are

subscribed to publishes a chart, idea, etc.).

This can be adjusted in the User Settings.

4.

5. Withdrawal of consent. If we rely on your

consent to process your personal data, you have

the right to withdraw that consent at any time. This

will not affect the lawfulness with which we

process your data before receiving notice of your

wish to withdraw your consent. We emphasize

that we do not generally rely on your consent to

allow us to process your personal data if there is

another lawful ground available. If we do rely on

your consent, we will make this clear to you at that

time.6. Viewing and correcting data. You have the right

to have inaccurate personal data rectified or

completed if it is incomplete. In order to do so,

each user can view, manage and/or update his/

her personal data in the Profile Settings.

If we share your personal data with others, we will

notify them of any corrections made whenever

possible. If prompted, and where possible and

lawful to do so, we will also notify you with whom

we have shared your personal data so you can

contact them directly if need be.

7. Deleting data. You have the right to refuse to use

our Services and may ask us to delete or remove

your personal data in certain circumstances. If we

share your data with others, we will notify them of

the edits wherever possible. If prompted, and

wherever possible and lawful to do so, we will also

notify you with whom we have shared your

personal data so you can contact them directly if

need be.

Please see the "User account deleting" section for

more details.

8. Data retention. We will keep your personal data

(1) until you decide to delete your account (upon

request), or (2) as required by law or as

necessary for legitimate business purposes (i.e.

for tax, legal, accounting, fraud, or abuse

prevention, and/or other purposes). This data canbe stored even after an account is deleted.

Upon expiration of the applicable retention period,

we will securely destroy your personal data in

accordance with applicable laws and regulations.

In some circumstances we may anonymize your

personal data so that it can no longer be

associated with you. In this case, such data is no

longer considered personal.

If you consent to receive marketing

communications, we will keep your data until you

unsubscribe, which is possible via the

'unsubscribe' button at the end of our marketing

emails. Additional methods to unsubscribe may be

added in the future.

9. Data portability. You have the right to obtain your

personal data from us, which that you consented

to give us or that was provided to us as necessary

in connection with our contract with you. We will

give you your personal data in a structured,

commonly used, and machine-readable format.

You may reuse it elsewhere if you so wish.

International data transfers

Whale Harry A.Ş. is based in the United States and

United Kingdom. The information collected through

Services will be stored on servers located in the

United States, European Union, and other

destinations (including outside the EEA), to ourservice providers and affiliated businesses for the

purposes described above. This is necessary to

enable you to navigate and use our Services. The

data may be transmitted to our service providers and

affiliates supporting our business operations

(described above).

Note that the countries concerned may not provide the

same legal standards for protection of your personal

data that you have in the EEA. If we transfer your

personal data to countries outside of your country, we

will take the necessary steps to ensure your

information receives an adequate level of security

protection where it is processed and that your rights

continue to be protected.

If you would like to receive more information on the

safeguards that we implement, please contact us.