Privacy Policy

PTP APP LLC and its online and mobile platform entitled “hyperr” ("we," "our" or "us") believe that your privacy is very important. This Policy outlines the types of personally identifiable information and other data that we will collect from you through your use of our online and mobile polling platform (our "Platform"), and how we will use and when we might disclose such information and data to third parties.

For the purposes of this policy, a “Poll” is any poll or “hype” that is created using our software; more specifically, a “Platform Poll” is a Poll created by and shared with account holders of the Platform while a “Web Poll” is a Poll that can be created, accessed and voted on via the internet without downloading the Platform or creating an account.

Your installation and/or use of our Platform and/or submission of information to us constitute your consent to this Privacy Policy. This Privacy Policy is effective as of August 26th, 2016 and was last updated on March 28th, 2017.

There are two types of information we may collect through your use of the Platform:

1. “Personal Information,” which is the type of information that specifically identifies you personally and/or can be used alone to contact you online or offline, such as your full name, physical address, email address, telephone number, photograph, precise geolocation information, credit card information and, in some cases (depending on what you choose), user names and passwords; and

2. “Usage Data,” which is anonymous data relating to your computer and/or device, such as your Internet Protocol (IP) address, device ID, International Mobile Equipment Identity (IMEI) or other persistent identifiers, and data regarding your use of the Platform, such as the actions you take within and outside of the Platform, the browser and/or device you use, the date and time of your use of the Platform, particular Polls you’ve posted or answers you’ve submitted, and the URLs you visited and/or apps you used before and after using our Platform. Together, Personal Information, Usage Data and any other information you provide to us may collectively be referred to as “Information.”

Personal Information, Usage Data and Other Information That We Collect and How We Collect It

  • If you choose to open an account with our Platform, request that results of a Poll be texted or e-mailed to you, request support, sign up to receive notifications, or in any other way take steps that require the submission of Information, we will collect all Information you submit, which may include Personal Information such as your name, photograph, email address, phone number and other information such as your date of birth and/or gender.
  • If you choose to connect to our Platform through a third-party social network (e.g., through Facebook Connect), we may collect any Information contained in your profile on such third-party social networks, such as your name, username, e-mail address, photograph, gender, date of birth and interests. We may also collect Information regarding your friends or other connections within that social network (e.g., your Facebook friends).
  • If you choose to post, send or otherwise share a Poll or utilize any messaging, sharing or comment functionality, as part of providing that functionality, we will collect any Personal Information you may disclose in order to utilize that functionality (e.g., e-mail addresses or phone numbers). We will also collect any Information you include within your Poll, message or comment, including any Personal Information. Remember that any Poll, whether a Platform Poll or a Web Poll, can be shared with the public via a variety of methods (e.g., text, e-mail, share, etc.). Therefore, any Information you include in a Poll, including any names or usernames you use, could be shared or otherwise made public.
  • If you have an account with the Platform and vote on a Platform Poll, your username and profile picture will be tied to your vote (to identify who voted and how they voted).
  • If you are added to a group within our Platform, your username and profile picture will be publicly available to all other members of that group, even if they are not directly connected to you within the Platform.
  • If you partake in any promotions (including those involving discount or coupons), contests, sweepstakes or games, you may be required to undertake a separate registration process requiring the submission of Personal Information such as your name, street address, city, state and zip code, email address, telephone number and date of birth. The applicable entry page and/or rules will provide the specific requirements.
  • If you choose to submit your Information to us for any other reason in any other form (e.g., customer service requests, inquiry submissions, etc.), we will collect such Information and use it for the purposes for which you submitted it.
  • We may access your device’s phonebook or contact list to gather Information such as your friend’s contact information in order to share a Poll or to facilitate an invitation to join our Platform but only if you have first given us your express consent. In addition, in lieu of accessing your phonebook or contact list, we may request that you provide us with the e-mail addresses or other contact information of people with whom you want to share your Poll.
  • We may also access your device’s image library in order to facilitate the use of your images in any Poll, but only if you have first given us your express consent.
  • In each and every scenario, we will only collect Personal Information if you choose to submit it to us. You may also have the opportunity to create or vote on a Poll without submitting any Personal Information. For example, our Web Polls may allow you to create and share a Poll without requiring you to submit Personal Information. In addition, you will generally be able to vote on a Poll without being required to submit Personal Information. In each case, however, we may ask you to voluntarily submit certain Personal Information in order to properly identify you as the creator of a Poll or someone who voted, and to share the results; you will always have the opportunity to decline to share such Personal Information but, in some cases, this may result in you not being able to create, share or vote on a particular Poll.
  • Whenever you use our Platform, even when we do not request any Personal Information and even if you are simply opening a poll sent to you by one of our users, we, or third party analytics services on our behalf, may collect Usage Data such as device IDs, IMEIs, IP addresses and other persistent identifiers, and data related to the actions you take within and outside our Platform, such as the subject matter of your Polls or how you voted. Such Usage Data is not combined with Personal Information unless you choose to submit Personal Information to us.

Use of the Personal Information That We Collect

  • We will use your Personal Information to:
  • Provide you with the services or functionality you have requested, including sharing of Polls or results, contacting your friends, registering you for a contest, sweepstakes or game, and processing any prizes or awards you’ve won;
  • Contact you to promote our Platform or alert you to special offers or features related to us or our partners (e.g., retail partners who are using our Web Poll functionality). We will provide you with the opportunity to opt out of receiving such communications in the future. You may also opt out of receiving such communications at any time in accordance with the instructions provided in this Privacy Policy.
  • Communicate with you about any technical notices, updates, security alerts, support notifications and messages, administrative notifications and messages, and other messages/notifications that we deem important.

Use of the Usage Data That We Collect

  • Usage Data may be used by us for administrative, analytical, research, optimization, security and other purposes. Specifically, we may use your Usage Data (including that which is collected through Cookies) to:
  • Track your use of our Platform to help us learn more about your preferences and tendencies so that we can personalize your experience, provide you with notifications that are tailored to you, and otherwise enhance your experience;
  • Determine which features, products and services users enjoy the most so we can enhance and improve our Platform and make it more effective for our commercial partners;
  • Evaluate the success of certain features;
  • Send applicable push notifications related to our Platform, but only if you have opted in to receiving such notifications (and you may choose to opt out at any time thereafter).
  • Protect against crime or fraud, or to address other security concerns;

Disclosure of the Information That We Collect

  • Data is a big part of our business and monetizing data allows us to provide our polling features without charging any fees. As such, we may sell, rent or transfer to third parties any Personal Information and/or Usage Data we collect through our Platform in any manner. Those third parties may use that Information for their own internal purposes but may also use it for direct marketing purposes (e.g., contacting you directly to promote products) or for the purposes of serving you targeted ads (e.g., ensuring that the ads you are served online are relevant to you). You may opt out at any time of having your Personal Information shared with third parties for direct marketing purposes by contacting us at privacy@hyperr.io and including “Opt Out of Disclosure” in the subject line.
  • We will, of course, share any Information you include in your Polls, votes, messages or comments when publishing or sharing them or otherwise making them public.
  • Anonymous Usage Data may be shared with third parties who assist us with our internal operations such as administration, analytics, research, strategy and optimization. In addition, we may share Personal Information with third party service providers to assist in the execution of our functionality, such as transmitting Polls to your requested recipients. The third parties we contract with for the foregoing purposes (“Service Providers”) will be authorized to use such Information only for the purposes for which they were engaged.
  • Our Platform may offer social sharing features such as “Share” or “Like” on Facebook or other third party social networking sites. If you decide to use such features, it may allow the sharing and collection of Information both to and from such third-party social networks. You should visit the policies of such third parties for more information about their information collection practices.
  • We may disclose your Personal Information or other Information collected if required by law or court order, if the information relates to actual or threatened harmful conduct, to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the Platform, or to protect the property or safety of others.
  • In connection with any sale or transfer of our company or any line of business (including the assets relating thereto), customer information generally is one of the transferred business assets, and such customer information (including your Personal Information) will be transferred or sold to the acquirer or transferee.

Cookies

We, or third party advertisers or content providers on our Platform, may use cookies or similar tracking technologies like web beacons, JavaScript, clear gifs, and log files. These “Cookies” are small pieces of information that are generally stored by your browser on your computer, device or third party servers. Generally, Cookies work by assigning to your computer or device a unique ID that has no meaning outside of the Platform. Cookies are used for a variety of reasons, including for the storage of your Information so you don’t have to re-enter it, the collection of Usage Data (as described herein), and the tracking of your activities on the Platform. Our Cookies do not generally contain any personally identifying information. Most web browsers automatically accept Cookies, but you can usually configure your browser to prevent this. However, not accepting Cookies may make certain features of the Platform unavailable to you.

External Sources

This privacy policy covers only the way we treat the Information we collect through our Platform. Our Platform may link to external sources beyond our control, including in the form of advertising served through our Platform or links back to our commercial partners’ websites.

Please understand that external sources may have different policies with respect to the collection, use and disclosure of your Information. We have no control over and are not responsible for the privacy practices of such parties. By accessing or utilizing any external services, you are agreeing to the privacy policies of those sources. Therefore, you are encouraged to review the privacy policies of all external sources. As a condition to your use of the Platform, you expressly agree we bear no responsibility, and are not liable in any way, for the acts, omissions or policies of external sources with respect to your Information.

Your Rights

We ask that you keep the Personal Information that you provide to us current and that you correct any inaccurate information you have provided us by changing it through your account page or contacting us at privacy@hyperr.io. You represent and warrant that all Personal Information you provide us is true and correct and relates to you and not to any other person.

If you wish to opt out of further communications from us, or if you wish to review, delete and/or revise the Personal Information we have stored about you, please contact us with your specific request at privacy@hyperr.io; provided, however, that we reserve the right to retain an archive of such Personal Information for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data; and we further reserve the right to retain an anonymous version of such Information.

You may opt out of receiving push notifications at any time by following the required steps laid out in the preferences section of your device.

You may have the ability to decline to permit cookies or other tracking technology, but in that case we cannot promise you that all features will function properly as a result.

If you use the Platform, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.

Children and Minors

Our Platform is intended for use by adults only and we do not knowingly collect or use any Personal Information from minors under the age of 13. If we collect Personal Information from someone we learn to be under 13 years of age, such Personal Information shall immediately be deleted and the user will not be able to sign up for an account or actively use our Platform. If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at privacy@hyperr.io.

If you are a California resident under the age of 18, and a registered user of our Platform, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to privacy@hyperr.io and include “CA Removal Request” in the subject line. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

Changes

We reserve the right to change this Privacy Policy at any time. In the event we make material changes to this Privacy Policy, such policy will be re-posted in the "Privacy" section of the Platform with the date such modifications were made indicated on the top of the page. Therefore, please review this Privacy Policy from time to time so that you are aware when any changes are made to this Privacy Policy. If you have any questions about the changes that were implemented, please contact us at privacy@hyperr.io and include “Information Regarding Updated Policy” in the subject line. In any event, your continued use of the Platform after such change constitutes your acceptance of any such change(s), and if you do not accept any changes, you may choose not to use the Platform.

Security

It is entirely your choice whether or not you provide Personal Information to us. We have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security, and correctly use the Personal Information collected through the Platform. We take reasonable precautions to protect our customers' Personal Information against loss, misuse, unauthorized disclosure, alteration, and destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk. We cannot ensure or warrant the security of any information you transmit to us by email and you do so at your own risk.

We take reasonable steps to require that any Service Provider who is provided Information from our Platform, including those who assist us in processing Information, comply with its privacy policy and otherwise take reasonable steps to secure your Personal Information.

If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at privacy@hyperr.io.

Your California Privacy Rights

Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California customer, a business may be required to provide detailed information regarding how that business has shared that customer’s personal information with third parties for direct marking purposes. However, the foregoing does not apply to businesses that give customers a free mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes If you are a California resident, as described in more detail above, you may opt out at any time of having your Information shared with third parties for direct marketing purposes, at no cost or expense, by contacting us at privacy@hyperr.io and including “Opt Out of Disclosure” in the subject line.

California Do Not Track Disclosures: For a variety of reasons, including technical limitations, our Platform and our Service Providers may not recognize browser "Do Not Track" signals.

Jurisdiction

Our Platform and its servers are based in the United States of America, which means that the Information we gather and store is governed by United States law. If you use or access our Platform in any way, or provide us with any Information, from anywhere in the world (including countries with laws and regulations governing disclosure, use and collection of Personal Information that are different than the laws in the United States), you are agreeing to allow us to transfer that Information into, and process that Information within, the United States and agree that such activities shall be governed by U.S. privacy laws.

Miscellaneous

All other terms governing this Privacy Policy shall be those set forth in our Terms of Use http://gethyperr.com/terms which are incorporated herein by this reference.

If you have any general questions about our Privacy Policy, please contact us at privacy@hyperr.io.