Revision Date: September 17, 2020
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. 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 applies to our data collection and usage as we provide our Services, including providing personalized content and as further defined in any applicable services agreement with us, accessible through the Site (as defined in our Website Privacy Statement, available here https://www.persosa.com/privacy/website).
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 Services. By using the Services, you agree to be bound by the terms and conditions of this Privacy Statement and 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.
If your use of the Services requires us to process Personal Information falling within the scope of international privacy laws, then Persosa’s Data Processing Addendum (“DPA”) available at https://www.persosa.com/compliance/ is hereby incorporated herein.
This Privacy Statement may change from time to time, 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 use our 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 Services. We only collect Personal Information about you that we consider necessary for achieving this purpose. Your information may be stored in a database or within a content management system.
Notice of Third Party Service Provider
Users have the ability to link their account to a Shopify account. When you link your account to a Shopify account, we are granted access to your Shopify customer data, such as your Shopify ID. We retain 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. We have 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.
We encourage you to review the privacy statements of websites you choose to link to from your PERSOSA account so that you can understand how those websites collect, use and share your information. We are not responsible for the privacy statements or other content on websites outside of the Site.
Use of your Personal Information
As mentioned above, we collect and use your personal information for our legitimate business purposes, including to deliver the Services you have requested, and serve personalized content across the Site and other Services.
We may also use your personally identifiable information to inform you of other products or Services available from us and our affiliates. We 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, or third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your Personal Information that they collect from us. 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 us, and they are required to maintain the confidentiality of your information.
Tracking: We may keep track of the websites and pages our users visit while using the Services. This data is used to provide the Services, including delivering customized and personalized content, as well as advertising within the Services 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 our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site and Services users is among the assets transferred.
Legal Requests: We cooperate 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 us 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 us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
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, we use the following: Cloudflare, Stripe, Google, and Auth0. 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
We do not knowingly collect personally identifiable information from children under the age of thirteen. Our Services are intended for and directed towards adults. If you are under 13, do not use or provide any information on or through any of the Services 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 us by contacting us here:
Email: [email protected]
We welcome your questions or comments regarding this Privacy Statement. If you believe that we have not adhered to this Privacy Statement, please contact us at:
HYVER LABS, LLC515 East Grant St, Suite 150Phoenix, AZ 85004
Email Address: [email protected]
Telephone number: (877) 488-8502