This Privacy Policy explains how Elsewhere Index LLC (“Elsewhere Index,” “we,” “us”) handles information in connection with the Whim mobile app, published in some regions as ¡Whim!, ¡Antojo! (es-MX), and ¡Lubie! (fr-FR) (the “App”). It is written to be readable. Where we have been informal, the substance still governs.
This policy explains our privacy practices. It works alongside our Terms of Service, which govern your use of the App. Where this policy refers to your purchases, your submissions, moderation, or your responsibilities for real-world acts, the full terms live in the Terms of Service.
1. The short version
- Whim gives you one small real-world thing to do each day. You scratch a card to reveal it.
- We do not ask for your name, email, or phone number to use the App. Your identity to us is an anonymous account ID.
- Your journal and progress live first on your device, and we keep a mirror copy in our cloud so you do not lose it.
- We collect a small amount of usage and diagnostic data to keep the App working and to make it better.
- Purchases are handled by RevenueCat together with Apple and Google. We never see your full payment card details.
- We do not sell your personal data. We do not run third-party advertising inside the App.
- You can export the data associated with your account, and you can ask us to delete it, from inside the App.
2. Who this applies to and a word on age
Whim is intended for people 13 and older, and higher where local law sets a higher age of consent for data processing (14, 15 or 16 in parts of the EU/EEA and the UK). Content is light and occasionally flirty, but mild. The App is not directed to children under 13, and we do not knowingly collect personal information from anyone under 13, or from anyone below the applicable age of consent where that age is higher. If you believe someone below the applicable age has provided us information, contact us at [email protected] and we will take reasonable steps to delete it where it can be identified.
3. What we collect and why
We try to collect as little as possible. Here is what we collect.
a. Your anonymous identity
When you first open or use the App, we create an anonymous account for you through Firebase Authentication. This gives you a random account ID (a “uid”). It is not tied to your name, email, or phone number. We use it only to associate your journal and settings with your device so they survive reinstalls and can be restored.
b. Your activity in the App (“local-first, with a cloud mirror”)
The App is local-first: your journal, your day count (your streak / number of whims completed), your saved preferences, and your theme color are stored on your device first.
We also keep a mirror copy in Cloud Firestore (a Google/Firebase database) so your history is backed up and can be restored on a new device. This mirror is keyed to your anonymous uid and includes: - which whims you were shown and which you marked as done (completion is honor-system; we do not verify, track your location, or check that you actually did the act), - your day count and streak, - your app settings and chosen theme, - any acts you submit (see below).
c. Acts you submit (“pitch to the deck”)
If you pitch an act for the shared deck, we store the text you submit, linked to your anonymous uid so we can vet it, attribute reports to the right item, and remove it if needed. Please do not put personal or identifying information about yourself or anyone else into a submission. See Section 6 for how submissions are reviewed and moderated.
d. Reports
If you report an act as objectionable, we record that a report was made (and which act), tied to your uid for abuse prevention. We do not permit objectionable, unsafe, or abusive content, and we work to remove it. An act that draws repeated reports may be flagged or removed pending review.
e. Usage and diagnostic data
We collect usage and diagnostic data through Firebase, including: app opens, which screens and core features are used, taps on core features, crash and error reports, and device and operating-system information. Some of this data may be linked to your anonymous account ID. We use it to keep the App stable, diagnose problems, and decide what to improve. We do not use it to build advertising profiles, and we do not run third-party advertising inside the App.
f. Purchase information
When you buy a subscription, pack, color, bundle, or re-roll, the transaction is processed by Apple or Google and managed through RevenueCat. We receive confirmation of what you bought and your entitlement status (for example, whether Whim+ is active). We do not receive or store your full credit card number or financial account details.
4. Purchases, subscriptions, and billing
The daily card is free. Some extras are paid, including a Whim+ subscription, one-time act packs, colors, a bundle, and a consumable re-roll. Subscriptions auto-renew until cancelled.
Prices, any free-trial offers, and the terms of each purchase are shown in the App at the point of sale and are controlled by the Apple App Store or Google Play. Payment is charged to your Apple ID or Google account. You manage and cancel subscriptions in your Apple App Store or Google Play account settings, not inside Whim. Restore Purchases is supported in the App. Refunds are handled by Apple or Google under their policies, not by us.
This section summarizes how purchases relate to your data. The complete purchase and subscription terms are in our Terms of Service.
5. Safety disclaimer (please read)
Whims are real-world acts. You are always free to skip any whim, and you alone decide whether and how to act.
- Use common sense. Do not do anything illegal, unsafe, harmful, cruel, or that you are not comfortable with. A whim is a suggestion, never an instruction.
- Completion is on the honor system. We do not verify, supervise, or take responsibility for anything you choose to do.
- To the fullest extent permitted by law, Elsewhere Index LLC is not liable for any injury, loss, damage, or consequence arising from acts you choose to perform, skip, or share. You assume full responsibility for your own choices and safety, and for respecting other people and the law.
- If a whim ever feels unsafe or wrong, do not do it, and please report it.
Release. To the fullest extent permitted by law, you release and hold harmless Elsewhere Index LLC, its owners, and its team from any and all claims, demands, liabilities, and damages arising out of or relating to any real-world act you choose to perform, attempt, skip, or share, whether suggested by the App or not. You act of your own free will and at your own risk.
Nothing in this section limits any liability that cannot be limited or excluded under applicable law (for example, liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, where such limits are not permitted).
6. User-submitted content and moderation
Acts pitched to the shared deck are reviewed by a human before they appear to other users. We aim to review submissions before they circulate, but we cannot guarantee that every item is reviewed before it is seen. We do not permit objectionable, unsafe, abusive, hateful, or harassing content, and we work to remove it. Every act in circulation carries a report control, and an act that draws repeated reports may be flagged and removed pending review. We may edit, reject, or remove any submission at our discretion, and we may block, restrict, or suspend users who misuse submissions or reports.
By submitting an act, you grant Elsewhere Index LLC a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully sublicensable and transferable license to use, reproduce, store, display, perform, modify, adapt, translate, create derivative works from, publish, and distribute that submission, in whole or in part, in any media now known or later developed, in connection with the App and our business, including promotion of the App, and without any compensation or attribution to you. To the extent allowed by law, you waive any moral rights in your submission. You represent that your submission is your own and does not infringe anyone else’s rights.
7. How information is shared
We do not sell your personal data, and we do not share it for third-party advertising.
We share limited information only with service providers (“processors”) who help us run the App, and only as needed for that purpose:
- Google / Firebase — anonymous authentication, the Cloud Firestore mirror of your data, and analytics/crash reporting.
- Apple App Store / Google Play — payment processing and subscription management for purchases you make.
- RevenueCat — managing and validating your purchases and entitlement status.
These providers process data under their own terms and privacy policies and on our instructions. We may also disclose information if required by law, to enforce our terms, to investigate abuse or safety issues, or in connection with a merger, acquisition, or sale of assets.
8. Copyright and the DMCA
If you believe content in the App infringes your copyright, send a written notice to our designated agent at [email protected] that includes: your contact information; identification of the work you claim is infringed; identification of the material you say is infringing and where it appears in the App; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act on the owner’s behalf; and your physical or electronic signature.
We will respond to valid notices under the U.S. Digital Millennium Copyright Act, which may include removing or disabling access to the material and, in appropriate cases, terminating users who repeatedly infringe.
9. Data retention
- Your on-device data stays until you delete it, clear the app’s data, or uninstall the App.
- Your cloud mirror (Firestore) is retained while your account is active so it can be restored, and is deleted when you delete the data associated with your account (see Section 10) or after an extended period of inactivity.
- Submissions and report records may be retained as long as needed for moderation, safety, and abuse prevention, even after other data is removed.
- Purchase and entitlement records are retained as needed for accounting, tax, fraud prevention, and to honor restores, consistent with Apple, Google, and RevenueCat policies.
- Usage and diagnostic data is kept in aggregated or limited-retention form.
10. Your choices and controls
From inside the App you can:
- Export your data — download a copy of the data associated with your account.
- Delete your data — ask us to remove the data associated with your account, including your journal, day count, settings, and cloud mirror. Some records may be retained as described in Section 9 (for example, purchase records and submission/report records kept for accounting, safety, and abuse prevention). Deleting your data may reset the App and cannot be undone.
You can also manage subscriptions and request refunds through your Apple or Google account, and control analytics and tracking at the OS level (for example, iOS App Tracking Transparency and your device privacy settings).
Because your account is anonymous, we identify your data by your device’s uid. We may be unable to act on a request we cannot tie to your account. To make a request, contact us at [email protected].
11. Security
We use reasonable technical and organizational measures, including the security controls provided by Firebase and our other processors, to protect your information. No method of transmission or storage is perfectly secure, and we cannot guarantee absolute security.
12. European users (GDPR / UK GDPR)
If you are in the European Economic Area, the United Kingdom, or Switzerland, the following applies.
Controller. Elsewhere Index LLC is the controller of the personal data described in this policy. Contact: [email protected].
Legal bases. We process personal data to perform our contract with you (providing the App, your journal and cloud mirror, and your purchases), on the basis of our legitimate interests (keeping the App stable and secure, preventing abuse, improving the App, and moderating submissions), and to comply with legal obligations. Where required, we rely on your consent, which you can withdraw at any time.
Your rights. Subject to applicable law, you have the right to access, correct, delete, and port your personal data, to restrict or object to certain processing, and to withdraw consent. You may also lodge a complaint with your local data-protection authority. Because your account is anonymous, we may need information that lets us tie a request to your account, and we may be unable to fulfill a request we cannot verify.
International transfers. We and our providers may transfer your data to the United States and other countries. Where required, such transfers rely on appropriate safeguards, such as the European Commission’s Standard Contractual Clauses.
13. California users (CCPA / CPRA)
If you are a California resident, the following applies.
- We do not sell or share your personal information as those terms are defined under the CCPA/CPRA, and we do not use it for cross-context behavioral advertising.
- Categories we collect are described in Section 3 (for example, an anonymous identifier, app activity, usage and diagnostic data, device and operating-system information, and purchase confirmations). We collect this data for the business purposes described in this policy.
- Your rights. Subject to applicable law, you have the right to know what personal information we collect and how we use it, to request deletion, to correct inaccurate information, and to not be discriminated against for exercising these rights.
- How to exercise. Use the export and delete controls in the App, or contact us at [email protected]. Because your account is anonymous, we may be unable to verify or fulfill a request we cannot tie to your account.
14. Disputes, arbitration, and governing law
This Privacy Policy is governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws rules, except where mandatory local data-protection law applies to you (for example, GDPR/UK GDPR or other rights you have where you live), in which case that law governs to the extent required.
Please read this section carefully. It affects how disputes are resolved.
- Agreement to arbitrate. To the fullest extent permitted by law, you and Elsewhere Index LLC agree that any dispute, claim, or controversy arising out of or relating to this Privacy Policy or your use of the App will be resolved by binding individual arbitration administered in the United States under the rules of a recognized arbitration provider, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
- Class and jury waiver. You and Elsewhere Index LLC waive the right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.
- 30-day opt-out. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting this policy. Your notice must include enough information to identify your account. If you opt out, the venue provision below applies to your disputes.
- Venue for non-arbitrable claims. For any dispute that is not subject to arbitration (including if you opt out, or for claims that may be brought in court), you and Elsewhere Index LLC agree to the exclusive jurisdiction and venue of the state and federal courts located in Texas, USA, except where applicable law gives you the right to bring a claim elsewhere.
- Local law. Nothing in this section deprives you of any protection or right that cannot be waived under the mandatory law of the place where you live.
15. International users
We and our providers may process and store information in countries other than where you live, including the United States. By using the App, you understand your information may be transferred to and processed in those countries, which may have different data-protection laws than your own. For European, UK, and Swiss users, see Section 12.
16. Changes to this policy
We may update this policy from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you in the App or by another reasonable electronic means. Your continued use after an update means you accept the revised policy.
17. Contact
Questions, requests, or reports:
Elsewhere Index LLC [email protected]