Hotly, Inc.

Last updated on: July 22, 2024 (the “Effective Date”)

Hotly, Inc.

Care@hotly.com

Hotly, Inc. (“Hotly,” “we,” “our,” or “us”) values the privacy of individuals who use the Hotly website (“Site”), mobile application (“Application”), software, and related services (collectively, the “Services”). This Privacy Policy (the “Policy”) describes the information that we gather from visitors, users, and others who access or use the Services (“Users,” “you,” or “your”), how we use and disclose such information, and the steps we take to protect such information. By using the Services, you consent to the privacy practices described in this Policy.

This Policy is incorporated into and is subject to the Hotly Terms of Use, as updated from time-to-time. Capitalized terms used but not defined in this Policy have the meaning given to them in the Terms of Use.

This Policy is provided to help you understand

the Personal Information we collect, how we collect it, how we use it, and how and why we share it;
the applicable rights you have regarding your Personal Information; and
how Hotly protects your Personal Information.
Personal Information does not include, and this Policy does not apply to, aggregate information or information that has been fully de-identified or anonymized in accordance with applicable law.

Types of Personal Information We Collect

Personal Information

While using the Services, we will ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”).
Personal Information includes, but is not limited to, your name, address, email address, phone number, age, company information, date of birth, social security number, social media profiles, User-Generated Content (as defined below) and/or payment information. You may provide us with Personal Information when you register for an account to use the Services, make a purchase, contact customer support, sign up for marketing material, or otherwise communicate with us. Please note that if you choose not to share certain Personal Information with us, or refuse certain contact permissions, we might not be able to provide certain parts of the Services.
We consider user-generated content to be materials (text, image and/or video content) voluntarily supplied to us by our Users for the purpose of publication on the Site, Application or other use related to the Services (“User-Generated Content”). All User-Generated Content is associated with the account or email address used to submit the materials. Please be aware that any content you submit for the purpose of publication will be public after posting (and subsequent review or vetting process). Once published it may be accessible to third parties not covered under this Policy.

Usage Information

We collect information about how you interact with and use the Services, such as device type, IP address, operating system, browser type, address of a referring website, activity on our Site and Application, device ID, access dates and times, location, information related to any transactions you make while utilizing the Services, and other system activity.
We may collect certain information by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers. In many cases the information we collect using cookies and other tools is only used in a non-identifiable manner without reference to Personal Information.

For example, we may use information we collect to better understand Site traffic patterns and to optimize your experience. We track users’ use of the Services, but we do not track users across third party websites. We do not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who visit or use the Site.

Additionally, when you encounter certain errors while using the Site or Application, we automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is. Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.

Device Data

Our Site and/or Application may access and collect data via your device's in-built tools, such as:

Your identity
Camera
Microphone
Contacts
Storage, photos and/or media
Notifications
Background data refresh
Mobile data
When you install the Application or use your device’s tools within the Application, we request permission to access this information. The specific data we collect can depend on the individual settings of your device and the permissions you grant when you install and use the Application.

Information Received from Third Parties

If you choose to connect your account to your account with a third-party service, we may receive or be granted access to information from such third-party service, including Personal Information.
You can stop sharing your information from a third-party service with us by removing our access to that service.

Third-Party Cookies

When you use the Services and visit the Site, we may also use third-party services, which use cookies to collect information about you for analytics or advertising purposes.
Third parties may also use cookies, web beacons, or other devices to collect information when you use the Services.
Hotly does not control any cookies or other data collection tools that may be placed on the Site by a third party, and this Policy does not cover the use of such cookies and/or other data collection tools by any third party. We encourage you to read the privacy policies of such third parties to find out more about the information that may be collected by them and the choices you have regarding the collection, use, and sharing of such information. You may be able to “opt out” of the collection and use of information through cookies or other tracking technology by actively managing the settings on your browser or mobile device. We do not honor “Do Not Track” signals from your browser.

Children

Our Services are not directed to children under 13 years old. We do not collect Personal Information from any person we actually know is under the age of 13 years old. In fact, as currently operated, persons under the age of 18 years old may not use the Services. By providing information to Hotly, you represent that you are 18 years of age or older.
If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at the email address provided in Section X. We will delete such information from our files as soon as reasonably practicable.

Sensitive Personal Information

We ask that you not send us, and you not disclose, any Sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) (“Sensitive Personal Information”) on the Site, through the Services or otherwise to us.
If you send or disclose any Sensitive Personal Information to us when you use the Services, you consent to our processing and use of such Sensitive Personal Information in accordance with this Policy. If you do not consent to our processing and use of such Sensitive Personal Information, you must not submit such Sensitive Personal Information through the use of the Services.

How We Use Your Information to Provide, Maintain, and Improve the Services

We may use your information to:

communicate with you if you contact us directly or sign up for marketing or other promotional material;
perform our obligations under the contract we have entered into with you;
provide customer service and process any transactions;
send you confirmations, updates, security alerts, and support and administrative messages;
detect and prevent fraud;
operate, protect, and optimize the Services and your experience, such as by performing analytics and conducting research;
troubleshoot and protect against errors;
personalize and improve the Services, including to recognize and contact you across multiple devices;
monitor and analyze usage and trends and otherwise measure the effectiveness, and quality of the Services;
advertise and market our Services, including delivering interest-based ads, cross-device linking, and analyzing the performance of such activities; and
develop new features.

Sharing Your Information

If you use the Services, you are authorizing us to share information:

that you direct us to disclose to others;
with our third-party business partners, vendors, contractors, and consultants who perform services on our behalf or who help us provide the Services, such as accounting, legal, managerial, technical, marketing, or analytic services;
if required to do so by law or in the good-faith belief that such action is necessary to comply with local, state, federal, or international laws, or to respond to a court order, judicial or other governmental subpoena or warrant, or in the event of bankruptcy proceedings;
if we believe in good faith that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of Hotly, our users, our employees, copyright owners, third parties, or the public, including without limitation to protect Hotly or our users from fraudulent, abusive, inappropriate, or unlawful use of the Services;
to enforce or apply this Policy, our Terms of Use, license agreements or other policies or agreements;
in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition, or in any other situation where information may be disclosed or transferred as one of the business assets of Hotly; and
Nothing herein restricts the sharing of aggregated or anonymized information, which may be shared with third parties without your consent. This Policy in no way restricts or limits our collection and use of aggregate or de-identified information.

Links to Third-Party Sites and the Services

The Site may contain links to other websites. We are not responsible for the practices employed by websites or services linked to or from the Site, nor the information or content provided to or contained therein.
Please remember that when you use a link to go from the Site to another website, this Policy does not apply to those third-party websites or services.
Your browsing and interaction on any third-party website or service, including those that have a link on the Site, are subject to that third party’s own rules and policies. Please read those rules and policies before proceeding.
Third parties we currently use include:

Google Analytics
Stripe
Google Payments
Apple Pay

Your Rights Regarding Personal Information

We consider the privacy of your Personal Information very important and are committed to handling your Personal Information with care. You have certain rights regarding your Personal Information, which include:

Right to Access: We acknowledge your right to access the Personal Information that we maintain about you. You have the right to obtain a list of the categories of Personal Information collected about you as well as other related information along with the source of the information. You also have the right to know the categories of information shared (or sold) to third parties and the purpose for such sharing as provided for in this Policy.
Right to Deletion (i.e. the Right to be Forgotten): We acknowledge your right to delete certain Personal Information that we may have collected about you.
Right to Opt-out of Sharing: You may have the right to opt-out of sharing certain Personal Information with third parties for direct marketing purposes.
Right to Amend/Rectify: You have the right to amend or rectify any inaccuracies that you have identified with the information that we have about you. We process Personal Information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We periodically review our data collection, storage, and processing practices to ensure that we only collect, store, and process the Personal Information needed to provide or improve our Services. We take reasonable steps to ensure that the Personal Information we process is accurate, complete, and current, but we depend on our users to update or correct their Personal Information whenever necessary.
Right to Object/Restrict/Withdrawal Consent: You have the right to object to the processing of your Personal Information if it is being processed under legitimate interests such as for direct marketing. You also have the right to withdraw your consent for the processing of your Personal Information at any time. We will cease processing of your information unless there is a legitimate purpose or requirement by law. We will primarily rely on your consent or legitimate interests for any use or disclosures that are not required by law.
Right to Non-Discrimination: We will not discriminate or penalize you for exercising your rights.
Shine the Light: In addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain Personal Information as defined by applicable law or statute with third parties and affiliates for the purpose of direct marketing.

To receive this information, send us a request using the contact details provided in Section X of this Policy. All requests must include “Privacy Rights Request” in the subject line of the email and include your name, street address, city, state, and ZIP code within the body of your email.

For more information on how you can request your right to access, amend/rectify, delete or opt-out of the Personal Information we collect, use, disclose, please contact us at the email address provided under Section X of this Policy.

How We Protect Your Information

We maintain reasonably appropriate administrative, physical, technical, organizational measures, and security controls to protect Personal Information, and to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction. We will only keep your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, governmental, regulatory or reporting requirements. We may also retain and use your Personal Information for as long as necessary to resolve disputes and/or enforce of our rights. Where we rely on your consent to process your Personal Information, you have the right to decline consent and/or, if provided, to withdraw consent at any time. This will not affect the lawfulness of processing prior to the withdrawal of your consent.
We limit access to Personal Information to our employees, agents, contractors, and other third parties who have a business need to know. They will only process Personal Information on our instructions, and they are subject to a duty of confidentiality. We have implemented procedures to handle any suspected Personal Information breach and will, to the extent legally permissible, notify you and any applicable regulator of a breach as legally required.
Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception, interference or other type of misuse. To protect the confidentiality of information maintained in your account, you must keep your password confidential and not disclose it to any other person. You are solely responsible for all uses of the Services by any person using your password. Please advise us immediately by contacting us as set forth in Section X if you believe your password has been misused or if you suspect a security breach.

International Transfers

European Users

If you choose to use the Services from the EU, the UK, Switzerland, or other regions of the world with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your Personal Information outside of those regions to the U.S. for storage and processing. By providing any information, including Personal Information, on or to the Services, you consent to such transfer, storage, and processing.
As described in this Policy, we may share Personal Information with third parties and may be required to disclose information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
The legal grounds for our processing your Personal Information for the purposes in this Policy are as follows:

you provided your consent by agreeing to this Policy, which you may withdraw at any time by emailing us at the email address provided in Section X;
it is necessary for our contractual relationship;
the processing is necessary for us to comply with our legal or regulatory obligations; and
the processing is in our legitimate interest as a provider of the Services (for example, to protect the security and integrity of our systems and to provide you with customer service and the core functionality of the Services).

Other International Transfers

If you are located outside the U.S., the EU, the UK, and Switzerland, and you choose to provide Personal Information to us, we may transfer your Personal Information to the U.S. and process it there (or any other country where we operate or may have co-locations). When you provide Personal Information, it may be sent to servers located in the U.S. and other countries around the world. If you reside or are located within the EU, the UK, or Switzerland and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EU, the UK, or Switzerland to the extent reasonably feasible under applicable law.

California Privacy Rights

California law permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those third parties. See Section X for where to direct such requests. We do not share your Personal Information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your Personal Information to third parties for their direct marketing purposes by withholding consent.
Effective January 1, 2020, the California Consumer Privacy Act of 2018 (the “CCPA”) allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information (as defined in the CCPA) to give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of Personal Information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. See Section X for where to direct such requests. Consistent with California law, if you choose to exercise your rights, we will not charge you different prices or provide different quality of services unless those differences are related to your information. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. To designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.
We do not sell Personal Information to third parties. We do allow third parties to collect and share Personal Information through the Services and share Personal Information with third parties for the business purposes described in this Policy.

Accessing and Modifying Your Information

If you have an account on the Site, you can access and modify your Personal Information associated with your account in your profile settings or by emailing us at the email address in Section X below.
You may “opt out” of receiving marketing or promotional emails from us by following the instructions in those emails or by emailing us at the email address provided in Section X below. If you opt out, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations (i.e. account verification, transactional communications, changes/updates to features of the Services, and technical and security notices).

Changes and Updates to the Policy

This Policy is current as of the Effective Date set forth above. We reserve the right to change the provisions of this Policy at any time. Please revisit this page periodically to stay aware of the most current language. Your continued use of the Services after the revised Policy has become effective indicates that you have read, understood, and agreed to the most current version of this Policy, as posted on the Site.

Contact

Please contact us with any questions regarding this Policy or to submit a request related to your Personal Information to Care@hotly.com.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Any arising dispute shall be heard exclusively in a court of competent jurisdiction located in the State of Arizona.

Hotly’s Terms of Use are incorporated herein by reference in relation to a User’s use of the Services. Hotly reserves the right to modify its Terms of use in its reasonable discretion from time to time.

Business Transfers

If Hotly or its assets are acquired, or in the unlikely event that Hotly discontinues business or enters into a bankruptcy, Hotly would include data, including your Personal Information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this Policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.