Revision Date: December 13, 2019
For more information or if you have any questions about this Privacy Statement ("Privacy Statement"), please contact us at [email protected].
Protecting your private information is our priority. This Privacy Statement applies to HYVER LABS, LLC dba Persosa ("PERSOSA") and governs data collection and usage. For the purposes of this Privacy Statement, unless otherwise noted, all references to "us", "our", or "we" refers to HYVER LABS, LLC and include HYVER, PERSOSA, and any website hosted by PERSOSA, including www.persosa.com, app.persosa.com, blog.persosa.com, and help.persosa.com (collectively, the "Site") or our Services, including providing personalized content and as further defined in any applicable services agreement with us, accessible through the Site. The Site is a software-as-a-service (SaaS) site.
Please read this Privacy Statement carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our practices, your choice is to not use our Site or our Services. By accessing or using this Site or using the Services, you agree to be bound by the terms and conditions of this Privacy Statement.
By viewing or browsing this Site, you acknowledge and agree that: (i) we will process your information as described in this Privacy Statement; and (ii) you consent to us transferring your information to us and our facilities in the United States or elsewhere, including those of third parties as described in this Privacy Statement.
This Privacy Statement may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the Privacy Statement periodically for updates. This Privacy Statement is incorporated into and subject to the terms of your services agreement with us.
Collection of your Personal Information
Personal information is information about you that is personally identifiable, such as your name, email address, and other information, that is not otherwise publicly available ("Personal Information").
To access the Site or Services, you may be required to create a user account, including user ID and password, and input certain Personal Information, including your email address. The legal basis or business purpose for collecting Personal Information from you through the Services is for our legitimate business interests, namely, to allow us to provide the Services that will most likely meet your needs and preferences and to monitor and improve our Site and Services. We only collect Personal Information about you that we consider necessary for achieving this purpose.
In general, you can browse the Site and "opt-out" from providing us with any Personal Information. Once you agree to provide us with Personal Information, you are no longer anonymous to us. If you choose to use and/or purchase certain Services we may require you to provide contact and identity information and other Personal Information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which are optional. You always have the option to not provide information by choosing not to use or purchase a particular service.
We collect several types of information from and about users of our Site, including information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline, and information about your internet connection, the equipment you use to access our Site and usage details.
We collect this information directly from you when you provide it to us or automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, geo location, and information collected through cookies.
We may track certain information based upon your behavior on the Site. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand our customers and to serve personalized content to you. This information may include, but may not be limited to, the URL that you just came from, which URL you go to next, your computer browser information, your IP address, and events performed on the site.
If you send us personal correspondence, such as emails, letters, chat messages, and form submissions, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect and retain such information in a file specific to you.
Notice of Third Party Service Provider
PERSOSA users have the ability to link their PERSOSA account to a Shopify account. When you link your PERSOSA and Shopify accounts, PERSOSA is granted access to your Shopify customer data, such as your Shopify ID. PERSOSA retains the right to use and store de-identified Shopify data – which is information about you that does not personally identify you – in order to build more intelligent models and user profiles. PERSOSA has no control over Shopify’s data practices and we encourage our users to read the Shopify terms of service and Privacy Statement, available at https://www.shopify.com.
PERSOSA encourages you to review the privacy statements of websites you choose to link to from PERSOSA so that you can understand how those websites collect, use and share your information. PERSOSA is not responsible for the privacy statements or other content on websites outside of the Site.
Use of Your Personal Information
As mentioned above, PERSOSA collects and uses your personal information for our legitimate business purposes, including to operate the Site, deliver the Services you have requested, and serve personalized content across the Site and other Services.
PERSOSA may also use your personally identifiable information to inform you of other products or Services available from PERSOSA and its affiliates. PERSOSA may also contact you via surveys to conduct research about your opinion of current Services or of potential new services that may be offered.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other Personal Information will never be disclosed in ways not otherwise described in this Privacy Statement. By way of example (without limiting the foregoing), we may be forced to disclose Personal Information, including your email address, to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your Personal Information that they collect from Company. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should neither rely upon nor expect, that your Personal Information or private communications will always remain private.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
As a matter of policy, we do not sell, rent, or share any of your Personal Information, including your email address, to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your Personal Information may be disclosed in the normal scope of business to provide our services and products to customers:
Purpose: We may disclose your Personal Information to fulfill the purpose for which you provide it, including sharing data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to PERSOSA, and they are required to maintain the confidentiality of your information.
Tracking: PERSOSA may keep track of the websites and pages our users visit within PERSOSA, in order to determine what Services are the most popular. This data is used to provide the Services, including delivering customized and personalized content, as well as advertising within PERSOSA to customers whose behavior indicates that they are interested in a particular subject area.
Buyers or Successors: To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PERSOSA’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PERSOSA about our Site users is among the assets transferred.
Legal Requests: PERSOSA cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you, other users, and PERSOSA from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, username history, and fraud complaints without a subpoena. Without limiting the above, in an effort to respect your privacy, we will not otherwise disclose your Personal Information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss, or report suspected illegal activity.
Other Disclosures: We may also disclose your Personal Information: (1) to enforce or apply your services agreement with us and other agreements, including for billing and collection purpose; or (2) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PERSOSA, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
The Site may use "cookies" to help you personalize your online experience, including providing the Services. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize PERSOSA pages, or register with the Site or Services, a cookie helps PERSOSA to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Site, the information you previously provided can be retrieved, so you can easily use the PERSOSA features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Services or websites you visit.
When you use the Site and/or Services, we collect certain information by automated electronic means, such as Cookies, which may include:
Flash Cookies – Certain features of our Site may use locally stored objects called Flash Cookies to collect and store information about your preferences and navigation to, from, and on our Site. Flash Cookies are not managed by the same browser settings as are used for Browser Cookies.
Web Beacons – Our emails and certain pages of our Site may contain small electronic files known as Web Beacons that permit PERSOSA, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Web Beacons are sometimes also referred to as clear gifs, pixel tags, and single-pixel gifs.
Local Storage – Our web applications may store data locally within your browser as local storage or web storage and allow PERSOSA to provide the Services to you.
Session Cookies are temporary cookies used for various reasons, such as managing page views, and are usually erased by your browser when you exit it.
Persistent Cookies are used for a number of reasons, such as storing your preferences and retrieving certain information you have previously provided. Persistent Cookies are stored on your devices after you exit your browser.
Throughout the Privacy Statement, we use the term "Cookies" to include Browser Cookies, Flash Cookies, Web Beacons, Session Cookies, Persistent Cookies, and Local Storage.
The information from Cookies is also stored in web server logs, which are then transmitted back to the Site by your computers or mobile devices. These servers and Cookies are operated and managed by us and/or our service providers. As you use the Site and Services, your browsers communicate with servers operated by PERSOSA and/or our service providers to coordinate and record the interactivity and fill your requests for services and information.
Cookies are also used to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site; and
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect helps us provide the Services and may include Personal Information, such as your IP address, and we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. Cookies help us improve our Site and Services and help us deliver better Site and Services, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Site according to your individual interests.
Speed up your searches.
Recognize you when you return to our Site.
Personalize the content you see on our Sites and Services.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative’s ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members. The NAI’s main webpage is located at www.networkadvertising.org.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites or applications. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Security of Your Personal Information
We follow generally accepted industry standards to protect Personal Information, including your email address, submitted to us, both during transmission and once we receive it. To secure your personal information from unauthorized access, use or disclosure, PERSOSA uses the following: Cloudflare, Stripe, Auth0, and Shopify. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Children Under Thirteen
PERSOSA does not knowingly collect personally identifiable information from children under the age of thirteen. Our Site is intended for and directed towards adults. Our Services are not directed to minors and we do not knowingly collect Personal Information from minors. Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
Your California Privacy Rights
We do not provide your Personal Information to any third parties for direct marketing purposes as defined in California Civil Code Section § 1798.83. Please contact us at [email protected] for any questions regarding your Personal Information.
If you are a resident of California, you have other rights under the California Consumer Privacy Act ("CCPA") effective January 1, 2020:
Right of Access: You can access your collected personal information by contacting us at [email protected].
Right to correct, update, or delete: You can correct, update or request deletion of your personal by contacting us at [email protected]. We can’t make changes to or delete your information in some situations where it is necessary for us to maintain your information, for example if we need the information to complete transactions, continue providing services to you, or comply with applicable law.
Right to Request Disclosure of Information Collected: Please contact us at [email protected] to request further information about the categories of personal information we have collected about you, where we collected your personal information, and for what purpose we use your personal information.
Right to Disclosure of Information Sold and Right to Opt-Out: You have the right to know what information of yours we have sold, and you have the right to opt-out of any sale of your information. We do not sell any of your information. If you have any questions about these rights, please contact us at [email protected].
Right to Non-Discrimination: We do not and will not discriminate against you if you exercise your rights under the CCPA.
When you contact us regarding any of your rights under the CCPA, we will verify your identity before we provide any information. If you have any questions or comments about your rights under the CCPA, please contact us at our toll free telephone number (877) 488-8502 or [email protected].
Your European Economic Area ("EEA") or Switzerland Rights
If you are based in the EEA or Switzerland you have other rights:
Any personal data that we collect is based upon your consent as detailed in this Privacy Statement. You have many choices concerning the collection, use, and sharing of your data, including the ability to:
Delete Data: You may request that we delete your Personal Information. Please note that in some cases we cannot delete your Personal Information except by also deleting your user account.
Change or Correct Data: You can also ask us to change, update, or fix your data in certain cases, particularly if it’s inaccurate.
Object to, or Limit or Restrict, Use of Data: You may request that we do not use your Personal Information, but keep in mind that this will terminate our ability to provide any Service(s) to you.
Right to Access and/or Take Your Data: You can ask us for a copy of your Personal Information.
You may send us an email at [email protected] to request access to, obtain copies of, correct, or delete any Personal Information that you have provided to us. Your email message must include (i) your identifying information (including your IP address, if applicable), (ii) your contact information, and (iii) information about the specific changes, deletions, or other action(s) you are requesting. We require this information so we can determine which information in our control is your Personal Information and complete the actions you requested. We may not accommodate a request to delete or change information if we believe the deletion would violate any law or legal requirement.
Opt-Out & Unsubscribe
We may occasionally send you information on products, services, special deals, and promotions. Out of respect for your privacy, we provide you a way to unsubscribe from each of these communications. If you no longer wish to receive our promotional communications, you may opt-out of receiving them by following the instructions included in each such communication or by contacting us.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if access to our products is temporarily suspended for maintenance, we might send you an email or text message. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, please do not submit your Personal Information through our Site.
Users may opt-out of receiving any or all communications from PERSOSA by contacting us here: [email protected].
PERSOSA welcomes your questions or comments regarding this Statement of Privacy. If you believe that PERSOSA has not adhered to this Statement, please contact PERSOSA at:
HYVER LABS, LLC 515 East Grant St, Suite 150 Phoenix, AZ 85004
Email Address: [email protected]
Telephone number: (877) 488-8502