Hype - Privacy Notice
Effective: May 15, 2022
Fractal Capital, Inc. (hereinafter, “Hype”, “we”, “our” or “us”) owns and operates: (a) our website located at www.hype.day, (the “Site”), and (b) Hype’s proprietary online software platform that enables users to create, send, receive, manage and engage in two-way conversations with its customers (the “Hype Platform”).
When we refer to the “Services” throughout this Privacy Notice, we mean the Site, Hype Platform, and any other products, websites, services, and/or applications provided by us and that include a link and/or reference to this Privacy Notice, and any related services and/or new features and/or functionality provided by us through or in connection with any of the foregoing.
Please read this Privacy Notice carefully. It provides important information about your personal information and tells you about your rights under applicable privacy laws. If you have any questions, comments, or concerns regarding this Privacy Notice and/or our data practices, please contact us.
BY ACCESSING OR USING THE SERVICES (OR ANY PART THEREOF), OR SUBMITTING INFORMATION IN CONNECTION WITH YOUR USE OF THE SERVICES (OR ANY PART THEREOF), YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS PRIVACY NOTICE.
Table of Contents
Changes to this Privacy Notice
How Hype Uses Personal Information
California Privacy Rights – Shine the Light
Nevada Privacy Rights
Hype reserves the right to update or modify this Privacy Notice at any time. Except for material changes as described below in this Section, all updates and modifications to these documents will be effective from the day they are posted on the Site at www.hype.day/privacy. If we make any material changes to this Privacy Notice, we will notify you of these changes by sending a notification to the email address we have on file for you, and may also post a prominent notice of any such changes on the Site and/or through the user interface of the Hype Platform. It is your responsibility to regularly visit and review this Privacy Notice.
In addition, if you are a Client (as defined in Section 2 below), you are also responsible for notifying your Authorized Users (and Customers to the extent applicable) of changes to this Privacy Notice. If you do not agree to any updates or modifications to the Privacy Notice, terminate your Account and cease all use of the Services. Your continued use of the Services after we have posted the updated Privacy Notice, or, in the event of material changes, ten (10) days following the date we first notified you of such material changes via email or the date we posted the notice of such changes on the Site and/or through the Hype Platform, as applicable, signifies to us that you acknowledge and agree to be bound by the revised Privacy Notice.
The term “personal information” or “personal data” means any information about an individual from which that person may be identified. For example, it may include a person’s name, telephone number, email address, or payment information, and in some jurisdictions, IP address. It does not include data from which the identity of an individual has been definitively removed along with any identifiers connected to such individual (also known as anonymous or anonymized data).
How and what personal information we collect in connection with the use of the Services depends on how and why you use the Services.
In some instances, we collect information directly from you as explained in the Section Information Provided Directly to Hype, and in others, we may receive information from third parties (which may include other users of the Services) as explained in the Section Information Collected From Third Parties. In addition, in certain circumstances, you will not provide any information to us directly, in which case we automatically collect certain information as explained Information Collected Indirectly.
Important Note Regarding Information Controlled by our Clients
Please note that certain information processed by Hype is controlled by the business, company, organization and/or or entity (hereinafter, the “Client”) that has entered into the Hype Terms of Service Agreement or other agreement with Hype for use of the Services (the “Agreement”). When Hype collects and/or processes such information, it does so as a “data processor” on behalf of the Client, who is the “data controller.”
For example, if you access and/or use the Services on behalf of the Client as its employee, contractor, and/or agent (hereinafter, an “Authorized User”), or you are a customer of the Client or have otherwise enrolled in a Client’s text messaging program and/or marketing programs (hereinafter, a “Customer”), the Client determines its own policies regarding storage, access, modification, deletion, sharing, and retention of such information which may apply to your use of the Services if you are an Authorized User, or your interaction with messages and communications (including, without limitation, SMS/MMS text messages) transmitted by such Client in connection with the use of the Services. If you are an Authorized User and/or Customer, please check with the Client about the Client’s the policies and settings it implements with respect to information you submit or that may be processed by us on the Client’s behalf in connection with the Services.
The personal information we collect directly from you depends on how and why you use the Services. For instance, the information that you provide when you visit and/or browse the Site or sign up for our marketing communications is more limited than the information you provide when you register an account as a Client or one of its Authorized Users (an “Account”).