Effective date: 17th of August, 2020
Address: 134 West Highland Avenue, Philadelphia, PA 19118
Hyper (“Hyper,” “we,” or “us”) respects your privacy and is committed to protecting your privacy when you use or visit hyper.co including all web pages, sub-domains and sub-parts therein contained, the "Site") , and (b) any and all services available on or through the Services or otherwise provided by Hyper (collectively, the "Services"). This privacy notice (our “Privacy Notice” or “Notice”) describes:
- The types of information we may collect from you or that you may provide us; and
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Notice applies only to information collected through the Services and in email or other electronic communications sent through or in connection with the Services by us and our service-providers. This Privacy Notice DOES NOT apply to information that:
- We collect offline or through any other means, including from any other website or social media or other platform operated by Hyper or any third-party; or
- You provide to or is collected by any third-party, including through any application or content that may link to or be accessible from or on the Services or our third party service providers, such as Stripe or PayPal. These third-parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
PLEASE READ THIS PRIVACY NOTICE CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, DO NOT ACCESS OR USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY OUR PRIVACY NOTICE AND OUR TERMS OF SERVICE INTO WHICH THIS NOTICE IS INCORPORATED.
Changes to this Privacy Notice
This Notice may change from time to time, and you are responsible for checking this Privacy Notice periodically for updates when accessing or using the Services. The date the Privacy Notice was last revised is identified at the top of the page. If we make material changes to how we treat your personal information, we will notify you through a notice in the Services. Your continued use of the Services after we make changes to this Privacy Notice is deemed to be your acceptance of those changes.
Information We Collect and How We Collect It
At any given time, we may collect several types of information from and about users of the Services, including information:
- By which you may be personally identified, such as your name, IP or physical address, email address, phone number, or any other identifier that can be used on its own or with other information to identify, contact or locate you (“personal information”);
- That is about you but individually does not identify you; and
- About your internet connection, the equipment you use to access our Site and other usage details.
We may collect this information:
- Directly from you when you provide it to us;
- Automatically when you access or use the Services; and/or
- From third-parties, such as vendors or business partners.
Information You Provide to Us
The information we collect on or through our Site may include:
- Information that you provide by filling in forms on the Services, including, but not limited to, information you provide at the time you create an account, register for the Services, sign up for or subscribe to communications from Hyper, post any materials, submit or support user reviews, and/or at the time you contact us. This information may include third-party account information (e.g., Discord username, login credentials);
- Records and copies of your correspondence with us;
- Your responses to forms, surveys, or questions that we might pose or ask you to complete; and
- Details of any transactions you may carry out through third-party or other payments systems available on or through the Services, including order fulfillment and customer service information.
You also may provide information to be posted on public areas of the Services, or transmitted to other users of the Services or third-parties (collectively, “User Contributions”). Your User Contributions are posted on the Services and transmitted to others at your own risk. Although we may monitor certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. User Contributions may include user reviews and product feedback. All reviews and feedback you submit on or through the Services may be copied, modified, adapted, published and/or deleted in their entirety by Hyper without notice, attribution, or payment to you.
Automatic Information Collection and Tracking
When you access and use the Services, we may use technology to automatically collect information to improve the Services and to deliver a better and more personalized service, which may include:
- Real time location data, also known as geolocation or geo-tracking;
- Length of time you visit our Site;
- Page views, click-stream information, and referring URL and logs;
- The resources and devices that you access and use on or through the Services; and/or
- Information about your device and internet connection, such as the device’s unique device identifier, IP address, operating system, browser type, and network information.
The Services also may access metadata and other information associated with other files stored on your device. Any such information that we may collect through automatic technological means will be aggregated as statistical data and will not include personal information (or will have personal identifiers removed), but we may maintain or associate this data with information we collect in other ways or receive from third-parties.
Technologies Used for Information Collection and Tracking
We may use one or more technologies to accomplish automatic information collection on or through our Site, examples of which are found below.
- Cookies (or browser/mobile cookies). A cookie is a small file placed on your device. Cookies are a way to carry information from one session on a Site to another, or between sessions on related Sites, without having to burden a server machine with large quantities of data storage.
- Flash Cookies. Certain features of the Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Services.
- Web Beacons and Other Technologies. Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to count users who have visited those pages or opened an email and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity). The information we may obtain in this manner would enable us to customize the Services and to measure the overall effectiveness of the Services.
How We Use Your Information
We may use information that we collect about you or that you provide to us, including any personal information to:
- Provide our Services to you;
- Estimate audience size and usage patterns;
- Maintain information about your preferences and customize the Services;
- Recognize you when you return to our Site;
- Fulfill any other purpose for which you provide the information and/or for which you provide consent (such as sending you emails or other communications);
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for delivery, billing, and collection; and/or
- Allow you to participate in interactive features of our Services.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction. In addition, we may disclose personal information that we collect or you provide:
- To our affiliates, contractors, service providers, and other third-parties we use to support our business operations;
- 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 Hyper’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Hyper about our users is among the assets transferred;
- To fulfill the purpose for which you provide it (such as transmitting emails, receipts, product updates, or other communications to the email address you provided to us for that express reason);
- For any other purpose disclosed by us when you provide the information or with your consent;
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- To enforce or apply this Privacy Notice or our Terms of Service; or
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our company, our affiliates, users, or others.
Except as provided herein, personal information collected through the Services will not be sold or otherwise disclosed to third-parties for direct marketing purposes.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with options regarding the personal information you provide to us. If you do not want us to collect your information, as described in this Notice, do not use the Services. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
- Email and Promotional Offers. When you contact us through certain forms on the Services, you may be added to our email list to receive email messages. At any time, you can choose to no longer receive such emails by using the “unsubscribe” method found at the bottom of each email or by sending us an email or other correspondence stating your request.
- Contact Us; Information Correction/Deletion Requests. If you have any questions regarding this Privacy Notice, have a specific request to access, correct, or delete any personal information that you have provided to us, or if you feel that the Services has not followed its Privacy Notice or Terms of Service, feel free to contact us, as provided below. Note that we may have to delete your user account on the Services, in order to delete your personal information. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Services, including User Contributions, is governed by our Terms of Service.
No Collection of Information from Children
Our Site is not intended for children under 13 years of age. We do not solicit or knowingly collect any information from visitors under 13 years of age, and please do not use the Services if you are not yet 13 If we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us immediately through the Contact Information section below.
“Do Not Track” Signals
Residents of certain states, including California and Delaware, may be subject to particular statutes requiring disclosure of how the Services responds to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about their online activities over time and across third-party websites or online services, such as California Bus. & Prof. Code § 22575 and 6 Del.C. § 1205C. Although it is not clear that the statute applies to our operation and your use of the Services, an example might be a browser option allowing you to ask websites not to track you across third-party websites so that they can serve targeted or behavioral advertising to you. You should not use the Services if you desire a “do not track” signal, because the Services may not honor it.
Additional Privacy Rights for California Residents
California residents may have additional rights under the California Consumer Privacy Act of 2018 (“CCPA”), subject to certain limitations. The obligations and rights in this section do not apply to personal information we collect about job applicants, vendors, suppliers, independent contractors, current or former full-time, part-time, and temporary employees and staff, officers, directors, or owners of Hyper, or residents of any state other than California. No user of the Services will be discriminated against for exercising their rights under the CCPA.
As described in this Notice, we collect the following categories of personal information from users of the Services to provide our services and related support, analyze, personalize, and improve our services, engage in advertising, marketing and promotional activities, process sales, execute our internal operations, secure and protect our business, and comply with legal obligations:
- Name, contact information and other identifiers, including but not limited to email, IP, home, and business addresses, phone number, login credentials, personal and online identifiers, and IP address;
- Age or date of birth;
- Internet or other electronic network activity information, including but not limited to browsing history, search history, and information regarding a user’s interaction with the Services, other internet websites, or advertisements;
- Geolocation data, including but not limited to city, state, and zip code; and
- User preferences regarding the Services and our products.
Subject to certain exemptions, if you are a California resident, the CCPA grants you the following rights, to the extent applicable:
Request to Know
California residents have a right to request a copy of particular information we have collected about you, up to two (2) times in a 12-month period, subject to certain exemptions. We will deliver this information, free of charge, by mail or electronically in a portable and, to the extent technically feasible, readily usable format that allows the requester to transmit this information to another entity without hindrance, which may include:
- categories of personal information collected;
- types of sources from which the personal information is collected;
- business and/or commercial purposes for collecting and selling a user’s personal information; and the
- categories of third-parties with whom we have shared personal information.
Request to Delete
California residents have a right to request that we delete any personal information about them that we have collected through the Services, subject to certain exceptions. If you are a California resident who makes such a request, once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if we collected the information as part of a business-to-business transaction or if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our obligations to you.
- Detect, prevent, or mitigate security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Use the information as necessary to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Enable solely internal uses that are reasonably aligned with our normal operations and consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Only you, or someone legally authorized to act on your behalf, may make one of the above requests related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
In order for us to act on one of these requests, we must be able to verify your identity or authority to make the request and confirm the personal information relates to you, and your request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request and will not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Right to Opt-out of Sale of Personal Information.
The CCPA gives California residents 16 years of age or older the right to opt-out of the sale of their personal information at any time. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
If you are a California resident and would like to make any request as described herein, please contact us as provided in this Notice. We will respond to verifiable requests received from California residents as required by law, if and when applicable.
Using the Services from Outside the United States
This Notice is intended to cover collection of information on or via the Services from residents of and within the United States. If you are visiting the Services from outside the United States, please be aware that the data protection laws governing the Services might not be as restrictive as those in your country. By using the Services, you understand that your information may be transferred to our facilities and those third-parties with whom we share it as described in this Privacy Notice.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. We urge you to be careful about giving out information in any public areas of the Services. The information you share in public areas may be viewed by any user of the Services.
Unfortunately, the transmission of information via the internet is never completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Services. 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 Services.