Effective Date: January 18, 2021
To the extent we provide you notice on our Service of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.
In addition, please review the Service’s Terms of Service, which governs your use of the Service, and includes, among other things, grants of rights from you, limits on our liability and your remedies, mandatory arbitration, and waiver of jury trial and class actions. By using our Service, you agree to our Terms of Service and consent to our collection, use and sharing of your information and data, and other activities, as described below.
WHAT INFORMATION DOES THE SERVICE COLLECT?
- Information About You That You Provide to Us:
- Information Collected or Stored as You Access and Use the Service Generally.
- In addition to any Personal Information or other information that you choose to submit to us via our Service, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Service (“Usage Information“). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone, or other device (a “Device “) whenever you visit or interact with our Service. To the extent we associate Usage Information with your Personal Information we collect directly from you on the Service, we will treat such combined data as Personal Information, but we do not otherwise treat it (including UIDs (defined below) as Personal Information (i.e., we treat it as Non-Personal Information), except to the extent required by applicable law.
This Usage Information may include:
- your IP address, UDID, advertising identifier, device identifier or other unique identifier (“UID“). A device identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its device identifier;
- clickstream data reflecting the information you enter and the selections you make while using the Service;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our Service;
- the areas within our Service that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
We may use now and hereafter known methods and technologies to store or collect Usage Information (“Tracking Technologies“). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed): Cookies, Web Beacons, Embedded Scripts, Browser Fingerprinting, ETags, Recognition Technologies, and in-App Tracking.
Cookies. A cookie is a data file placed on a Device when it is used to visit the Service. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs,” “Pixel Tags,” or “Web Bugs”) may be included in our Service’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different eTag is assigned. Used in this manner eTags are a form of UID. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household).
In-app Tracking Methods. There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers such as “Ad IDs” to associate app user activity to a particular app.
There may be other Tracking Technologies now and later devised and used by us in connection with the Service.
Tracking Technologies Choices and Consent.
We are giving you detailed notice of the Tracking Technologies and your limited choices regarding them so that your consent is meaningfully informed. For more information on your choices regarding Tracking Technologies, see Section 6 and Section 7 below.
Third Party Tracking and Do Not Track.
Also, various third parties are developing or have developed signals or other mechanisms known as “do not track signals”. For instance, some browsers may have such signal options, though they differ as to if the signal is set as default or must be turned on by the user. Further, there is not yet an industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take any action with respect to these signals or other mechanisms, though we may consider doing so if an understandable and practical standard is developed and widely adopted. For more information on “do not track” visit http://www.allaboutdnt.com.
Information Third Parties Provide About You
Third-Party Content and Services
The Service may include functionality that allows certain kinds of interactions between the Service and a third-party web site, platform, tool, application or other service, and accessing or display of third-party content via the Service (“Third Party Services“). The use of Third Party Services may involve the third-party operator thereof (“Third Party Operator“) providing certain information, including Personal Information, to us. For example, when you register with the Service, you may have an option to use your Facebook, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Service, or otherwise link accounts. In addition, you may be able to access our Service, your Account and/or Service content via a third party platform, site, app or other service, (e.g., the Android and Apple app stores) and those Third Party Operators may collect Personal Information and other data about you in connection therewith, and may provide some or all of it to us [(e.g., the third party may handle the billing of transactions for our content that are purchased via the Third Party Service and then tell us what you purchased so we can fulfill the order).
When you use Third Party Services, you are using their services and not our Service and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such Third-Party Services in connection with our Service. For more information on Third Party Services and the policies and activities of Third-Party Operators see Section 5.
e. Information You Provide About a Third Party
You may send someone else a communication from the Service, such as sending an invitation to a friend. If so, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your contact information, name or user name and message may be included in the communication sent to your addressee(s). Some of these tools may be Third Party Services subject to third-party privacy policies as further detailed in Section 1(d), Section 3(a) and Section 5.
2. HOW DO WE USE THE INFORMATION COLLECTED?
Advertising and Content Management. We may also use your Personal Information, Demographic Information or Usage Information that we collect about you: (1) to specifically target relevant advertisements or content to you, including making recommendations based on your activities; (2) to restrict access to certain content as required by the content owner’s licenses (e.g., to enforce territory restrictions); (3) to understand the usefulness to you of the advertisements or content that have been delivered to you; and (4) when you comment to or add content to the Service. For more on advertising, see Section 6, and for information on your choices regarding advertising, see Section 7 below.
Contact Us. Please note that information submitted to any of the Service via a “contact us” or other similar customer inquiry function may not receive a response. We will not use Personal Information provided by you in a customer inquiry communication to contact you for marketing purposes unrelated to your request unless you agree otherwise.
Use of Information for Recruitment Purposes. Where you have provided us with Personal Information and/or Demographic Information) as part of an online application for employment or internship, we may use that information in order to allow us to make an informed decision about whether to proceed with your application. We may, as part of this recruitment process, collect information about your education, employment history and similar matters. Where this Personal Information or Demographic Information is considered to be sensitive, you expressly consent to our processing of this information for recruitment purposes by submitting it to us.
3. HOW AND WHEN DO WE SHARE INFORMATION WITH THIRD PARTIES?
a. When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, Third Party Services (e.g., Third Party Operator’s content, tools apps or ads on our Service) or link to them from our Service. This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such Third-Party Operator’s practices. If you elect to share information about your media choices and your use of the Service with your social networks, you will be sending information about you to the social networking services that you designate, including Usage Data relating to your use of the Service. You may be asked to consent on a use-by-use basis to the sharing of information about your media selections with social networks, or to otherwise consent to such sharing. It may also include ordering or purchasing products from third parties through us where we indicate that the third party is the seller. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
b. Third Parties Providing Services on Our Behalf. We may use third-party vendors and partners to perform certain services on behalf of us or the Service, such as hosting or distributing the Service, designing and/or operating the Service’s features, tracking the Service’s activities and analytics, facilitating transactions, order fulfillment, payments and customer service, and enabling us to send you special offers or perform other administrative services. We may provide these third parties with access to your information, including UIDs, Usage Information and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third-party technologies or activities arising out of them. However, some may offer you certain choices regarding their practices. For more information, see Section 7(b) below. For more on how to recognize and potentially limit our vendors’ Tracking Technologies, see Section 1(b) (below).
c. To Deliver Social Content and Advertising. We, and others we work with (e.g., third party publishers, advertisers and advertising services providers) may use your Personal Information, Demographic Information and/or Usage Information we have collected in connection with the Service to target and deliver content and advertisements to you and other users, both on and off of our Service. Further, by using the Service, you consent to the use of your Personal Information and your Service activity information (including regarding your content consumption) in, or in connection with, sponsored content and advertisements shown to your connections or other users. For example, by associating your real name, username and/or profile photo in, or in connection with, sponsored content and/or advertisements (e.g., John listened to this podcast, Julie likes EZ Corp., etc.). However, we may, from time to time, offer you options to manage this type of social sharing via your Profile settings, and we will, make reasonable good faith efforts to respect settings. However, we do not guarantee that your setting selections will be effective immediately or be error free when delivering social content and advertisements.
d. To Protect the Rights of HPM and Others. To the fullest extent not prohibited by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of HPM or third parties (including through the enforcement of this Policy, our Terms of Service, and other applicable agreements and policies); (ii) comply with legal and regulatory obligations and government requests (e.g., pursuant to law enforcement inquiries, subpoenas or court orders); (iii) comply with our obligations and commitments to safeguard the privacy and security of your information; or (iv) prevent unauthorized, improper or illegal activities on the Service. Further, we may disclose information about you as otherwise permitted under our Terms of Service or as specifically disclosed when we collect information from you. Additionally, if you notify us that you believe your rights have been violated in connection with the Service or another user of the Service, we may disclose information about you to the extent necessary to evaluate and respond to your concern. To the fullest extent not prohibited by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
e. Affiliates and Business Transfer. We may share your information, including your UIDs and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates (“Affiliates“) subject to applicable law. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change; including, in either case, during the course of any related due diligence process.
g. Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a “Promotion“) through the Service that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
h. EEOC / Affirmative Action Reporting. In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC“), the Office of Federal Contract Compliance Programs (“OFCCP“) and similar state and local regulatory agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information, to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.
4. WHAT ABOUT INFORMATION I DISCLOSE PUBLICLY OR TO OTHERS?
a. User-Generated Content and Public Information. The Service may permit you to submit audio recordings, messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content“), such as on blogs and message boards. We or others may store, display, reproduce, publish, distribute or otherwise use User-Generated Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User-Generated Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User-Generated Content. Please note that HPM does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User-Generated Content that you disclose or receive from third parties through the Service. California minors should see Section 9 regarding removal of certain content they have posted on our Service. We are not responsible for User-Generated Content you submit to Third Party Services via our Service.
b. Name and Likeness. We may also publish your name, voice, likeness and other Personal Information that is part of your User-Generated Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities.
c. For full terms and conditions regarding User-Generated Content you submit to the Service, please review our Terms of Service.
d. Profiles. We may offer registered users of the Service a profile page. A user’s profile page may be, by default, set up to display information such as the user’s display name, images, location (city/state/country), podcasts, company, and optional information added by the user including, for example, the user’s tagline, etc. We may make it possible for users to see a report on other users that visited a profile page and this gives users access to such visitor’s profile pages. Profile information is used by us primarily to be presented back to and edited by you when you access the Service and to be presented to others permitted to view that information on the Service. In some cases (e.g., posting to your page), other users of the Service may be able to supplement your profile. We may offer users the ability to manage their public profile and use profile preference settings as explained at Section 7, the functionality and features of which are subject to change from time-to-time so visit it frequently to confirm the settings reflect your then current preferences and we recommend that you do not post information or content as part of your profile that you are not prepared to make public. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules. Users should carefully consider the use of such settings to improve information display options and to ensure the settings are properly set and functioning in the manner desired. Notwithstanding the availability of profile preference settings, you should be aware that these settings are for convenience only, do not employ complex data security protection and may not be error free. Further, other users that have access may repost or otherwise make public your information or content. Accordingly, discretion and good judgment should be exercised when posting information or content as part of your profile.
The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content (collectively, “User-Generated Content“). We are not responsible for the accuracy, use or misuse of any User-Generated Content or Personal Information that you disclose or receive from third parties through the Service. We are not responsible for any User-Generated Content or Personal Information you submit to third party services via our Service. Please think carefully before deciding what information you share, including Personal Information, in connection with your User-Generated Content.
5. DO THIRD-PARTY CONTENT, LINKS TO THIRD-PARTY SERVICES, AND/OR THIRD-PARTY APPS APPEAR ON THE SERVICE?
The Service may contain content that is supplied by a Third-Party Operator, and those third parties may collect Usage Data and your UID when such content is served to you. Third Party Services may also be available via the Service. We are not responsible for the data collection and privacy practices employed by such third parties or their services and they may be collecting data about you and may be sharing it with us and/or others. These third parties and their services may also associate their Tracking Technologies with you, track you across sites and time, serve you their own ads (including Interest-based Ads (defined below)) and may or may not have their own published privacy policies.
In addition, when you are on the Service you may be directed to other services that are operated and controlled by third parties that we do not control. For example, if you “click” on a link, the “click” may take you off the Service onto a different site. We encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
Be sure to review any available privacy policies and notices before submitting any Personal Information to a third party or its services, or otherwise interacting with Third Party Services or other locations you link to from our Service, and exercise caution in connection with them. We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.
6. ARE ADS SERVED ON THE SERVICE OR RETARGETED TO ME LATER?
Some information about your use of the Service and certain Third Party Services may be collected using Tracking Technologies across time and services and used by HPM and third parties for purposes such as to associate different devices you use, and deliver relevant and retargeted ads (“Interest-based Ads“) and/or other content to you on the Service and certain Third Party Services. You may have certain choices regarding these activities as explained in the next section.
HPM is not responsible for third parties or Third-Party Services associated with advertising and analytics services, and related tracking activities. Consult their privacy policies and notices for information on their practices and see Section 7 regarding certain choices some of them may offer you. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, HPM currently does not alter HPM’s practices when HPM receives a “Do Not Track” signal from a visitor’s browser. For more information on tracking and “do not track,” see Section 1(b).
In addition, we may serve ads on third party services that are targeted to reach people on those services that are also identified on one of more of our databases (“Matched List Ads“). This is done by matching common factors between our databases and the databases of Third-Party Operators. For instance, we may use such ad services offered by Facebook or Twitter. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad and find out how to opt-out with us from such list. If you opt-out from our Facebook Matched List Ads, we will remove the matching Personal Information from that list, however, this will not take effect immediately and if you have multiple e-mails or other accounts you may have to opt-out separately for each one. If we use Twitter Matched Use Ads, you should be able to opt-out through your account settings on Twitter. If you opt-out from our Twitter Matched Use Ads, you will be removed from that list, however, this will not take effect immediately and if you have multiple e-mails or other accounts you may have to opt-out separately for each one. We are not responsible for such third-party services’ failure to comply with your or our opt-out instructions or to provide us notice of your opt-out elections, and they may change their options without notice to us or you.
7. HOW DO I EXERCISE CHOICE AND CHANGE PREFERENCES?
a. Accessing and Changing Information.
The Service may provide web pages or other mechanisms allowing you to delete, correct or update some of the Personal Information you have provided HPM. HPM will make good faith efforts to make requested changes in HPM’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from HPM’s databases (California minors see Section 9) and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (i) as required by applicable law; and (ii) for so long as reasonably necessary to fulfill the purposes for which the data is retained as permitted by applicable law (e.g., business records).
b. Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies or other Tracking Technologies. Please be aware that if you disable or remove these technologies some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can be disabled by uninstalling the App. To uninstall an App, follow the instructions from your operating system or handset manufacturer. In addition, you may have certain choices regarding in-app Interest-based Advertising as described in the next section.
c. Analytics and Interest-Based Advertising.
Certain companies may participate in the Digital Advertising Alliance (“DAA“) AdChoices Program and may display an Advertising Option Icon for Interest-based Ads that links to an opt-out tool which allows you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/ and its opt-out program for mobile apps at http://www.aboutads.info/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI“). NAI has developed a tool that allows consumers to opt out of certain Interest-based Ads delivered by NAI members’ ad networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Ads, you will continue to receive non-targeted ads. Further, opting out of one or more NAI or DAA members only means that those selected members should no longer under the DAA / NAI rules deliver certain targeted ads to you. This will affect this and other services, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or web browser(s), or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Mobile device opt-outs will not affect browser-based Interest-based Ads even on the same device, and you must opt-out separately for each device. HPM is not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. However, HPM supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising(http://www.iab.net/media/file/ven-principles-07-01-09.pdf) and expect that ad networks HPM directly engages to serve you Interest-based Ads will do so as well, though HPM cannot guaranty their compliance.
d. Mobile Apps.
With respect to HPM’s Apps, you can stop all collection of information by uninstalling the App. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device. See also the prior section regarding in-App Interest-based Ads choices.
e. Communications and Marketing.
You can opt out of receiving certain promotional communications (emails or text messaging) from HPM at any time by (i) for promotional e-mails, by following the instructions as provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; and (ii) for text messages, by following the instructions as provided in text messages from HPM to text the word, “STOP”. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscriptions may continue. Even if you opt out of receiving promotional communications, HPM may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or HPM’s ongoing business relations. California residents have certain rights regarding our sharing of certain of their personal information with third parties for third party direct marketing purposes, as explained in Section 3(i).
8. WHAT ABOUT TRANSFER OF INFORMATION TO THE UNITED STATES?
9. WHAT PARENTS SHOULD KNOW ABOUT CHILDREN?
We understand the importance of protecting children’s privacy in the interactive world. We are a general audience service and do not use the Service to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA“) without such parental consent. If you are a child under thirteen (13) years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.
In the event that we become aware that we have collected personal information from any child, we will dispose of that information, or otherwise treat it, in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us.
10. WHAT ABOUT SECURITY?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service, and provide us with your information, at your own risk.
12. PRIVACY NOTICE FOR RESIDENTS OF THE EUROPEAN UNION AND EEA COUNTRIES
Hot Pie Media, LLC (“HPM”, “we”, “us”, “our”) is committed to maintaining proper processes for the collection, use and protection of your personal data. The purpose of this Privacy Notice is to explain the collection, retention, use, and other processing of personal data that is obtained when EU data subjects visit and interact with our website, email newsletter, and other digital platforms (e.g., mobile apps) and services (collectively, the “Service”). This Privacy Notice sets forth how we process EU personal data in our role as a data controller (i.e., when we are responsible for determining the purpose and means of the processing).
Personal Data We Collect
We may collect and process the following information when you interact with the Service:
- Contact data and account information. You may provide us with your contact details, such as name, email address, or other similar information. This information is also used to create an account.
- Authentication Data. To verify the identity of registered users we may collect a user name, password, and other similar authentication information.
- Device Information. We may obtain information about devices that access our Service, including the type of device, its operating system, device settings, unique device identifiers (e.g., IP addresses), and crash data.
- Location Information. We may collect and use general location information (e.g., zip code, area code) or specific location information (e.g., real-time GPS coordinates) from devices used to access our Service.
- Listening Activity. When you use the Service, we keep track of listening activity, which may include the number and title of podcasts you have listened to, podcasts that you favorited, content you have searched for, and number of listening hours.
- Job Application Information. If you apply for a job through our Careers page, we or our vendor may collect your name, e-mail address, physical address, phone number, and CV.
- Other Information You Provide. This includes emails and other communications that you send us or otherwise contribute, such as customer support inquiries.
How and Why We Use Your Personal Data
We may process personal data to:
- Transact with you, respond to your comments, questions and requests, provide customer service, send you informational notices, and contact you if we need to obtain or provide additional information;
- Process job applications received through our Careers page;
- Facilitate, manage, personalize, and improve our customer and partner relationships;
- Identify your preferences to better tailor our products and services to you;
- Prevent and address fraud, breach of policies or terms, and threats or harm;
- Ensure the security and integrity of the personal data we process; and
- Comply with applicable legal requirements.
Our processing of such personal data is carried out pursuant to the following legal bases:
- You have consented to the use of your personal data. Once you consent, you can change your mind at any time.
- The processing is necessary for us to provide you with the services and products you request, or to respond to your inquiries.
- We have a legal obligation to process your personal data, such as to comply with applicable tax and other government regulations or to comply with a court order or binding law enforcement request.
- To protect your vital interests, or those of others.
- We have a legitimate interest in using your personal data. In particular, we have a legitimate interest in the following cases:
- To analyze and improve the safety and security of our Service. This includes implementing and enhancing security measures and protections and protecting against fraud, spam, and abuse.
- To maintain and improve the Service.
- To operate the Service and provide you with certain tailored advertising and communications to develop and promote our business.
- To anonymize personal data and subsequently use the anonymized information.
If we make a material change to how we process your personal data, we will modify this Privacy Notice. We encourage you to periodically review our Privacy Notice to be informed of any such modifications.
How We May Share Your Personal Data
We may share your personal data:
- With our affiliates or business partners when it is reasonably necessary or desirable, such as to help provide services to you or analyze and improve the website.
- To our agents, vendors, consultants, marketing service providers, and other service providers who perform functions on our behalf. For example, we may use third parties to help us provide customer support, manage our advertisements on other websites, and send marketing and other communications on our behalf.
- To abide by applicable law or protect rights and interests. For example, we may disclose your personal data if we determine that such disclosure is reasonably necessary to comply with the law, protect our or others’ rights, property, or interests, or prevent fraud or abuse.
- If we are involved in a reorganization, merger, acquisition, or sale of some or all of our assets.
Please note that in certain situations HPM may be obligated to disclose personal data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
We utilize online identification technologies such as cookies, web beacons, or pixels in accordance with applicable law and requirements. “Cookies” are small text files placed on your hard drive when you visit a website; they store information which is sent back to our servers or those of third parties. As described in more detail below, we use such technologies to:
- Recognize new or past customers;
- Store your password if you are registered on our website;
- Improve our website and to better understand your visits;
- Integrate with third party social media websites;
- Serve you with interest-based or targeted advertising;
- Observe your behaviors and browsing activities over time across multiple websites or other platforms; and to
- Better understand the interests of our customers and our website visitors.
Different types of cookies may be used for specific purposes, for example:
- Functional cookies and cookies from third parties may be used for analysis and marketing purposes. Functional cookies enable certain parts of the website to work properly, retain user preferences, and allow users to log in using social network user credentials.
- Analysis cookies may collect information on how visitors use a website, the content and products that website users view most frequently, and the effectiveness of third-party advertising.
- Advertising cookies assist in delivering ads to relevant audiences. This may include, for example, placing ads at the top of search results.
Cookies are either “session” cookies which are deleted when you end your browser session, or “persistent,” which remain until you delete them or the party who served the cookie removes it. Further details concerning the cookies we use on our websites are available in the table included at the bottom of this section.
|Preferences||Cookies that allow our website to remember information that alters the way the website behaves or appears on your screen. For example, we may provide you with local ads based on your region. Loss of information stored in these cookies may make the website experience less functional but should not prevent the website from working.|
|Processes||Cookies that are fundamental to functional operation of the website that deliver services that our visitors expect, such as navigating web pages or accessing secure areas on our website. The website will not function without these cookies.|
|Advertising||Cookies used to make advertising more relevant for visitors. Our partners may also use a cookie to determine whether we’ve shown an ad and how it performed or provide us with information about how you interact with ads.|
|Session State||Cookies that collect information about how visitors interact with the website. This may include the pages users visit most often and whether users get error messages from certain pages. We use these cookies to help us improve our Services. Blocking or deleting these cookies will not render the website unusable.|
|Analytics||Cookies that help us assess how well our website performs and how items such as plugins perform in different areas on the website. These cookies are also used to understand, improve, and research products, features, and services.|
How We Protect Your Personal Data
We maintain appropriate technical and organizational safeguards designed to help protect personal data from unauthorized disclosure or access and accidental or unlawful destruction, loss, or alteration. Although we use reasonable efforts to safeguard personal data, we cannot guarantee the security of your information obtained through the Service.
How Long We Retain Your Personal Data
We will store your personal data for no longer than is necessary for the performance of our obligations or to achieve the purposes for which the information was collected, or as may be permitted under applicable law. To determine the appropriate retention period, we will consider the amount, nature, and sensitivity of the data; the potential risk of harm from unauthorized use or disclosure of the data; the purposes for which we process the data and whether we can achieve those purposes through other means; and the applicable legal requirements. Unless otherwise required by applicable law, at the end of the retention period we will remove personal data from our systems and records or take appropriate steps to properly anonymize it.
Personal Data Transfers
We operate our Service in the United States. Additionally, certain of our partners with whom we share your data may be located outside of the EEA. Please be aware that any information you provide to us will be transferred to and/or accessed outside of the United States. We will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by the applicable laws on data protection.
The GDPR provides EU data subjects with certain rights regarding their personal data. Subject to certain conditions, you may ask HPM to take the following actions in relation to your personal data that we hold:
- Provide you with information about our processing of your personal data and give you access to your personal data.
- Update or correct inaccuracies in your personal data.
- Delete your personal data.
- Transfer a machine-readable copy of your personal data to you or a third party of your choice.
- Restrict the processing of your personal data.
- Object to our processing of your personal data for direct marketing purposes.
- Object to reliance on our legitimate interests as the basis for processing of your personal data.
You can submit these requests by email to firstname.lastname@example.org or our postal address provided below. We may request specific information from you to help us confirm your identity prior to processing your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal data or our response to your requests regarding your personal data, you may contact us at email@example.com. In addition to those rights, you have the right to lodge a complaint with the relevant data protection regulator. However, we encourage you to contact us first, and we will do our very best to resolve your concern.
How to Contact Us
HPM can be contacted via e-mail sent to firstname.lastname@example.org or at the following address:
Hot Pie Media, LLC
Attention: Chief Executive Officer
P.O. Box 27581
Austin, Texas 78755
United States of America