This Privacy Policy governs the manner in which HASHMEMO Inc., a Delaware corporation (“HashMemo”, “we”, or “us”) collects, uses, maintains, and discloses information collected from users of our platform and related software, mobile applications and tools (collectively, the “Software”). This policy applies to the Software and all products and services offered by HashMemo, including the website https://www.hashmemo.com/ (the “Site”).
This Privacy Policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy laws, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual. Please read our Privacy Policy carefully to better understand how we collect, use, protect, or otherwise handle your PII.
This Privacy Policy is intended to inform you of our policies regarding the collection, use, and disclosure of PII when you use our Services and the choices you have associated with that data. We use your data to provide and improve our Services. “Services” as used herein means the Site and Software operated by HashMemo.
For US residents, this Privacy Policy is intended to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other United States privacy laws and regulations. Any terms defined in the CCPA have the same meaning when used in this Privacy Policy. For users in Europe, see the below section titled "General Data Protection Regulation (GDPR)" for compliance with the General Data Protection Regulation of 2018 (GDPR), (EU) 2016/679.
By using our Services, you agree to the collection and use of your PII in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service.
Acceptance
Registered users of HashMemo are referred to as “Members”. Contents and data on some of our Services are viewable to non-members (referred to as “Visitors”). Members and Visitors are referred to collectively as “Users”, “you”, or “your”.
As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy and other documents referenced in this Privacy Policy, as well as updates. If you do not agree with our policies and practices, please do not use our Site or Software. You understand that our Services are not and do not constitute adult content, gambling, or government agency sites or applications.
If you still have any questions or concerns, please contact us online here.
Changes
HashMemo can modify this Privacy Policy, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, your sole recourse would be to close your account.
You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data is subject to the updated Privacy Policy, as of its effective date.
Children
Our Services are not intended for children, nor are our Services targeted to children. For interpretation purposes, when used in this Privacy Policy, the term children refers to minors who under “Minimum Age” (as defined by our Terms of Service). Children who have not reached the Minimum Age cannot use our Services.
We do not knowingly collect personal information from children. In compliance with applicable laws, we do not wish to collect personal information from children. If you have reason to believe a child provided personal information to us through the Services, please notify us either by email or using the Site. We will take appropriate measures to delete or remove any personal information that emanates from or relates to children.
1. Data We Collect
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our Services, when you participate in activities on our Site, use our Services, or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and our Services, the choices you make, and the Site and Software features you use.
1.1 Data You Provide to Us
Registration Data. To create an account, you need to provide certain data including your username, email address, a password, gender, and Date of birth.
Profile Data. You have choices about the information on your profile such as your education, work experience, skills, qualifications, and photo. You don’t have to provide additional information on your profile; however, profile information helps you to get more from our Services. It’s your choice whether to include sensitive information on your profile and to make that sensitive information public. Please do not post or add personal data to your profile that you would not want to be publicly available.
User Content and Behavior Information. We process preferences you set (such as language selection) and your User Content (as defined by our Terms of Service). We collect User Content through preloading when you create, import or upload User Content, regardless of whether you choose to save or upload it, in order to recommend audio options and provide other personalized recommendations. We may collect information about the images and sounds that are part of your User Content, such as identifying the presence and location of displayed objects, landscapes, and faces in images and physical characteristics-qualities, characteristics of sounds, and the text of words spoken within your User Content. We collect this information to enable content recommendations, and for other non-personally identifiable tasks. We may access content (including text, images, and video) on the clipboard of your device with your permission. For example, if you choose to initiate content sharing with a third-party platform or paste content from your clipboard into the HashMemo app, we will access the information stored on your clipboard to carry out your request. We collect information through campaigns, surveys, and competitions in which you participate. We also collect information about your use of our Services (e.g., the content you view, the videos you watch, how you act in response to problems you encounter, the content you prefer, the content you save to your “favorites,” the users you follow, and how you interact with your followers). We also make assumptions about your interests, gender, age, and other information about you in order to personalize content. We process information about your followers, the number of “likes” you receive, and responses to content you upload in order to spread your content to other users and to investigate whether your profile has further potential for collaboration.
Technical Information About Users. We collect certain information about the devices you use to access our Services, including your IP address, user agent, mobile carrier, time zone setting, identifier for advertising purposes, device model, device system, network type, device ID, screen resolution and operating system, app and file names and types, keystroke patterns or rhythms, battery status, voice settings, and connected audio devices. If you use multiple devices to log in, we may use your profile information to determine your activity across devices. We may also associate you with information collected from your device other than the information you use to log in to our Services.
Location Data. We collect information about your approximate location (including location information based on your SIM card and/or IP address).
1.2 Data from Third Parties
You may choose to share certain data with us from third parties when using our Services. We may collect such data automatically. Details regarding the information we collect from third parties are set forth below.
Business Partners. If you choose to register or our Services using a third-party social network account information or login service (e.g., Google or Apple ID, etc.), you will provide or permit us to provide your username, public profile and other information that may be relevant to your account.
We will likewise share certain information with your social network, such as your app ID, access token, and referring URL.
Payments. Our Services may use third-party services, either now or at any point in the future, for payment processing (e.g., payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their own privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
1.3 Data Collected from Your Use of Our Services
We log usage data when you visit or otherwise use our Services, such as when you view or click on content, perform a search, install, or update our app, share contents. We use logins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use.
Cookies and Similar Technologies. As further described in our Cookie Policy, we use cookies and similar technologies (e.g., pixels and ad tags) to collect data (e.g., device IDs) to recognize you and your device(s) on, off and across different services and devices where you have engaged with our Services. We also allow some others to use cookies as described in our Cookie Policy.
Your Device and Location. When you visit or leave our Services, we receive the URL of both the site you came from and the one you go to and the time of your visit. We also get
information about your network and device (e.g., IP address, proxy server, operating system, web browser and add-ons, device identifier and features, cookie IDs and/or ISP, or your mobile carrier).
Comments. We collect information about you when you send, receive, or engage with comments in connection with our Services. We also use automatic scanning technology on comments to support and protect our site. For example, we use this technology to manage or block content that violates our Terms of Service or Community Guidelines from our Services.
1.4 Other
Because we are constantly working to improve our services, we may need to collect new information. If we collect materially different personal data or materially change how we collect, use, or share your data, we will notify you and may also modify this Privacy Policy.
2. How We Use Your Data
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
· To communicate with you, including to notify you about changes in our Services;
· To provide user support;
· To customize the content you receive and provide content that is relevant to your interests;
· To enable you to share User Content and interact with other Users;
· To detect and address abuse, harmful activity, fraud, spam, and illegal activity on our Services;
· To promote the safety and security of our Services, including by scanning, analyzing, and reviewing User Content, comments and associated metadata for violations of our Terms of Service, Community Guidelines, or other conditions and policies;
· To display contents in the most effective manner for you and your device;
· To improve, promote and develop our Services and to promote popular topics, hashtags and campaigns on our Services;
· To perform data analysis and test our platforms;
· To enable customers to take advantage of the interactive features of our Services.
· To allow you to interact with other users on our Services (e.g., to allow other users to identify you through the “user search” feature);
· To verify that you are of legal age to use our Services;
· To provide you with location-based services (if such services are available in your area);
· To provide information to our algorithms;
· To enforce our Terms of Service, Community Guidelines, and other conditions and policies;
· To manage this platform, including troubleshooting; and
· For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
3. How We Share Information
3.1 Sharing User Content on Our Services
Profile. Your profile will be visible to other Members and customers of our Services. Any data that you include on your profile and any content you post or social action (e.g., likes, follows, comments, shares) you take on our Services will be seen by others, consistent with your settings.
Posts, Follows, and Comments. Our Services allow viewing and sharing information including through posts, follows, and comments.
· When you share a post (e.g., an image, video, questions, or answers) it can be viewed by everyone and re-shared anywhere. Members, Visitors, and others will be able to find and see User Content, including your name (and photo if you have provided one).
· You understand that as part of the promotion of our Services, we may share your User Content in HashMemo to other social media accounts operated by us.
· When you follow an account, you are visible to others and that “page owner” as a follower.
· When you comment on another’s User Content, others will be able to view these “social actions” and associate it with you (e.g., your name, profile, and photo if you provided it).
3.2 Service Providers
We use others to help us provide our Services (e.g., maintenance, analysis, audit, fraud detection, marketing, and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.
3.3 Legal Disclosures
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of our Services (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of HashMemo, our Members, personnel or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
3.4 Change in Control or Sale
We can also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which buys us, or part of our business, will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.
4. Your Choices & Obligations
4.1 Data Retention
We generally retain your personal data as long as you keep your account open or as needed to provide you Services. This includes data you or others provided to us and data generated or inferred from your use of our Services. Even if you only use our Services every few years, we will retain your information and keep your profile open, unless you close your account. In some cases, we choose to retain certain information (e.g., insights about Services use) in a depersonalized or aggregated form.
If you delete your own User Content, we will retain the data for 12 months after deletion. However, there is a possibility that we may retain the data for a longer period in the following cases.
・A dispute has been initiated by or in connection with a user.
・To comply with a law, court order, or instructions by law enforcement.
・To provide refunds, or assess a refund request.
・To address violations of our Terms of Service or Community Guidelines.
・Other similar situations.
4.2 Rights to Access and Control Your Personal Data
Users can access and edit almost all the information on your profile by signing in to HashMemo. You may delete any User Content that you have uploaded. If you wish, you can delete your account completely in the settings screen. Tracking can be allowed or disallowed. Users can also choose to block certain users so that they will not see your account information. You may also be granted certain rights under applicable law in your country, including the right to access, delete, update, or correct your data, to be informed about the treatment of your data, to file complaints with authorities, and other rights. If you have any questions about how to use these tools described above, or if you would like to know what rights you have in your country of residence and if you wish to exercise any of your rights, or if you have any other inquiries or complaints, please contact us using our Contact Form.
4.3 Account Closure
If you delete your HashMemo account, except as described below, after 30 days, your account and all information will be completely deleted, and you will not be able to retrieve any information.
During this 30-day period, the content will continue to be subject to HashMemo’s Terms of Service and Privacy Policy. Other Users will not be able to view the content on HashMemo. The deletion process may take up to 90 days to complete once it has been initiated.
We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse (e.g., if we have restricted your account for breach of our Community Guidelines), enforce our Terms of Service, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed.
Information you have shared with others will remain visible after you close your account or delete the information from your own profile, and we do not control data that other Members have copied out of our Services.
4.4 Consent
Where we process data based on consent, we will ask for your explicit consent. You may withdraw your consent at any time, but that will not affect the lawfulness of the processing of your personal data prior to such withdrawal. Where we rely on contract, we will ask that you agree to the processing of personal data that is necessary for entering into or performance of your contract with us. We will rely on legitimate interests as a basis for data processing where the processing of your data is not overridden by your interests or fundamental rights and freedoms.
5. Other Important Information
5.1 Security
We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access our Services within an environment that you feel is appropriate and/or secure.
5.2 Cross-Border Data Transfers
We process data both inside and outside of the United States and rely on legally provided mechanisms to lawfully transfer data across borders. Countries where we process data may have laws which are different from, and potentially not as protective as, the laws of your own country. By using our Services, you understand and consent to your information being transferred and processed as described in this Privacy Policy.
5.3 Lawful Bases for Processing
We will only collect and process personal data about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g., to deliver the HashMemo Services you have requested) and “legitimate interests” (e.g., to improve and develop our services and to enhance their safety, security, and stability.)
Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object.
5.4 Do Not Track Signals
Currently, various browsers offer a do-not-track (“DNT”) option that is designed to send a signal to websites visited by the user about the user’s DNT preference. You can usually access your browser’s DNT option in your browser’s preferences.
Because there is no standardized DNT technology at this time, we cannot tell you, our users, how any given company or browser will comply with DNT signals. Given the lack of standards at this time, we do not currently comply with DNT signals from your browser. We may track your activities online across websites and over time.
6. The California Consumer Privacy Act and The California Privacy Rights Act
When we collect personal information from California residents, we become subject to, and those residents have rights under, the California Consumer Privacy Act or “CCPA” and the California Privacy Rights Act or “CPRA.” Wherever we refer to the CCPA in this notice, we intend to refer to both the CCPA and the CPRA. This section is used to allow us to fulfill our CCPA obligations and explain your CCPA rights. For purposes of this section, the words “you” and “your” mean only such California residents.
What We Collect from California Residents. As described in more detail in other areas of our Privacy Policy, we collect and/or disclose personal information about you when you visit or use our Services, including information about you that you provide to us, and information that we automatically collect from you or your computer or device as you use our Services.
Personal information does not include information that is: (i) publicly available information from government records; (ii) de-identified or aggregated consumer information; or (iii) certain information excluded from the scope of CCPA.
Use and Sharing of Personal Information. We may use, share, or disclose the personal information we collect for our business purposes described elsewhere in this Privacy Policy. We do not sell personal information to third parties.
Rights of California Residents. You have the following rights under the CCPA.
· Know – the right to request that we disclose to you, specifically beyond the general statement immediately above, the categories and specific elements of personal information collected including the source of the information, our use of it and, if the information was disclosed or sold to third parties, the categories so disclosed or sold as well as the categories of third party who received or purchased it.
· Access – the right to receive a copy of the categories and specific elements of personal information we collected about you in the preceding 12 months.
· Delete & Correct – the right to request that we correct or delete the personal information we collected about you under certain circumstances.
You, or an authorized agent acting on your behalf, can exercise the Right to Know up to two (2) different times every 12 months. To exercise these rights, please contact us here or send us an email at contact@hashmemo.com. We may ask you to fill out a request form. The CCPA only allows us to act on your request if we can verify your identity and/or your agent’s authority to make the request, so you will also need to follow our instructions for identity verification.
If you make a verifiable request per the above, we will confirm our receipt and respond in the time frames prescribed by the CCPA.
· Opt Out of Sharing – Under the CCPA, you can opt out of the sharing of your personal information with third parties for cross-context behavioral advertising purposes. We do not currently have cross-context behavioral targeting ads, so we don’t have an opt-out.
· Opt Out of Sales – We do not sell personal information, so we don’t have an opt-out.
· Limit the Use of Sensitive Personal Information – Under the CCPA, you can limit a business’s use and disclosure of your sensitive personal information to certain purposes specified by law (e.g., providing you with services you request or preventing fraud, or for other purposes that don’t involve deriving your attributes). We only use sensitive personal information for such permitted purposes, so we don’t have an opt-out.
· Non-Discrimination – The CCPA prohibits businesses from discriminating against you for exercising your rights under the law. As such, we will never “punish” you for exercising your rights as granted by law. More specifically, we cannot: (a) deny goods or services to such user; (b) charge the user a different price or impose a penalty; (c) provide a different level of service or quality of goods or services to such user; (d) suggest that such user will be subject to a different price or rate, and (e) retaliate against an employee, applicant or independent contractor for exercising any rights granted by the CCPA.
7. General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), our legal basis for collecting and using the personal information described in this Privacy Policy depends on the personal data we collect and the specific context in which we collect it.
We may process your personal data because:
· We need to perform a contract with you
· You have given us permission to do so
· The processing is in our legitimate interests and it’s not overridden by your rights
· For payment processing purposes
· To comply with the law
Retention of Data. We will retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Transfer of Data. Your information, including personal data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure of Data. We may disclose your personal data in the good faith belief that such action is necessary to:
· To comply with a legal obligation
· To protect and defend our rights or property
· To prevent or investigate possible wrongdoing in connection with our Services
· To protect the personal safety of users of our Services or the public
· To protect against legal liability
Your Data Protection Rights. If you wish to be informed what personal data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
· The right to access, update or to delete the information we have about you. Whenever possible, you can access, update, or request deletion of your personal data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
· The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
· The right to object. You have the right to object to our processing of your personal data.
· The right of restriction. You have the right to request that we restrict the processing of your personal data.
· The right to data portability. You have the right to be provided with a copy of the information we have about you in a structured, machine-readable, and commonly used format.
· The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your personal data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Contact Information
If you have questions or complaints regarding this Privacy Policy, please contact HashMemo by filling out our online Contact Form.
