Privacy Policy
Created & Effective: May 7, 2024
HYPOTHETIC, INC.
Privacy Notice
At Hypothetic, Inc., (“Hypothetic”, “Company”, “we”, “our” or “us”), we value your trust. We are committed to acting responsibly when we collect, use and protect your data.
We believe in being clear and open about how we collect data related to you when you visit our website at hypothetic.art (“Website”), access and/or use our business-to-business software-as-a-service platform that leverages cloud and artificial intelligence (“AI”) to improve three-dimensional (“3D”) art and creative workflows, offering innovative solutions for 3D AI-assisted creation, collaboration, sharing, search, file management and related products and/or services subscribe to our newsletter, interact with us, participate in online advertisements or marketing emails, or engage with any other websites, pages, features, or content we own, operate and/or provide (collectively with the Website, the “Services”) that direct you to this Privacy Notice (“Privacy Notice”).
This Privacy Notice does not apply to information collected by:
Us offline or through any other means, including on any other website operated by Company that does not direct you to this Privacy Notice or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website.
This Privacy Notice is designed to help you understand how we collect, use, share and safeguard the information you provide to us and to assist you in making informed decisions when using our Services. Please read this Privacy Notice very carefully. Capitalized terms not defined in this Privacy Notice shall have the same meaning as set forth in our Terms of Service.
By accessing and using the Services, you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Notice the Cookie Policy located at https://www.hypothetic.art/cookie/ (“Cookie Policy”). The use of the Services is subject to the Terms of Service located at https://www.hypothetic.art/terms-of-service/ (“Terms”).
Please click on the below links to go directly to that section of the Privacy Notice:
Types Of Information We Collect
Children’s Online Privacy Protection Act (“COPPA”)
Information You Provide Us
Collected via Technology
Information We Obtain from Other Sources and Third-Party Logins
Use of Your Personal Information
Use of Non-Personal Information
How We Share Your Personal Information
Links to Third Party Websites and Third-Party Providers
Your Rights Regarding the Use of Your Personal Information
How to Exercise Your Right(s)
How We Protect Your Personal Information and Personal Data
How we Retain Your Personal Information
Accessibility
Changes to This Privacy Notice
Other Jurisdictions
Notice to Residents of the European Union, the European Economic Area and the United Kingdom
Notice to Residents Outside of the United States, EU, EEA and UK.
Contact Information
Types of Data We Collect
We collect “Non-Personal Information” and “Personal Information” and the information we collect from you depends on how you use the Services. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. This includes:
Website Visitor Information
Types of Data: If you contact us, we will collect your first and last name, email address and any other information you may choose to provide in your message to us. Please do not include any sensitive information in your inquiry to us. If you schedule a platform demo with us via HubSpot, HubSpot will also collect your Personal Information and process is as described in its privacy policy: https://legal.hubspot.com/privacy-policy
Primary Purpose for Collection and Use Data: We have a legitimate interest in contacting our customers and communicating with them in relation to the Services. If you schedule a demo call with us, the information is collected with your consent when you complete the online form.Cookies and First Party Tracking
Types of Data: We use Cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a website is viewed. See our Cookie Policy for more information on how we use Cookies.
Primary Purpose for Collection and Use Data: For individuals that consent, we may use first party Cookies, other than essential or strictly necessary Cookies.Cookies and Third-Party Tracking
Types of Data: We participate in interest-based advertising, this means that a third party uses technology (i.e.: a Cookie, pixel or ‘LAL’) to collect information about your use of the Service so that they can provide advertising about products and services tailored to your interests. These third parties may use Cookies and similar technologies to collect information about your interaction over time across the Services, our communications and other online services, and use that information to serve online ads that they think will interest you. We may also share information about our users with these third parties to facilitate interest-based advertising to those or similar users on other online platforms. To learn more about our third-party partners, please read their respective privacy policies. We use Google Analytics for analytics purposes. To learn more about Google and their privacy policies, please visit: https://policies.google.com/technologies/ads
https://policies.google.com/privacy?hl=en-US
We use Pendo.io for analytics purposes to track user behavior while using the Services. Pendo uses local storage but may also use cookies. To learn more about Pendo and their privacy policies, please visit: http://www.hypothetoc.art/privacy-policy
See our Cookie Policy at: https://www.hypothetic.art/cookie/for more information on how we use Cookies.
Primary Purpose for Collection and Use Data: For individuals that consent, we may engage in interest-based advertising, capturing Website and other Service analytics and engaging third parties to assist with providing Services to you. We also have a legitimate interest in understanding how you interact with the Services.Platform Demo via Google Meet
Types of Data: When you schedule a platform demo hosted via Google Meet, we will collect your first and last name, email address, company name, website URL and any other information you may choose to share during the platform demo.
Primary Purpose for Collection and Use Data: The information is collected with your consent and is needed for the purpose of scheduling the platform demo and any follow up. For any recorded Google Meet demo, you will be asked to provide consent to being recorded. If you do not provide consent, your microphone will be muted, and your video will be off if you join a meeting with recording or live streaming already in progress. Your microphone and video settings will revert back to default if you provide consent. We have a legitimate interest in contacting our customers and communicating with them in relation to the Services and we have a legitimate interest in using this information to provide the Services.Email Interconnectivity
Types of Data: If you receive email from us, we may use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.
Primary Purpose for Collection and Use Data: We have a legitimate interest in understanding how you interact with our communications to you.E-mail List
Types of Data: When you sign up for our emailing list, we will collect your first and last name and email address.
Primary Purpose for Collection and Use Data: We share information about our products and services with individuals that consent to receive such information. We also have a legitimate interest in sharing information about our products and services.Mobile Devices
Types of Data: We collect information from your mobile device such as unique identifying information broadcast from your device when using the Services.
Primary Purpose for Collection and Use Data: We have a legitimate interest in identifying unique visitors, and in understanding how users interact with us on their mobile devices.Transactional Information
Types of Data: We collect transactional information, including information about the products and services you purchase or download or about which you make an inquiry.
Primary Purpose for Collection and Use Data: We have a legitimate interest in our customers' transactional information to fulfil contractual obligations related to Services. We also have a legitimate interest in understanding your preferences and interests so we could select offerings that you might find most useful.Website & Application Interactions
Types of Data: We use technology such as Pendo and Google Analytics to monitor how you interact with the Services. This may include: IP addresses, preferences, web pages you visited prior to using the Services, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with the Services (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).
Primary Purpose for Collection and Use Data: We have a legitimate interest in understanding how you interact with the Services to better improve the Services, and to understand your preferences and interests and to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud.Logs
Types of Data: We collect information, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.
Primary Purpose for Collection and Use Data: We have a legitimate interest in monitoring networks and the visitors to our Website and access and use of the Services to provide the Services and enhance the Services.Employment
Types of Data: If you apply for a job posting, or become an employee, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your social security number. Providing this information is required for employment.
Primary Purpose for Collection and Use Data: We use information about current employees to perform our contract of employment, or the anticipation of a contract of employment. In some contexts, we are also required by law to collect information about our employees. We also have a legitimate interest in using your information to have efficient staffing and work force operations, and provide the Website to our customers.Demographic Information
Types of Data: We collect Personal Information, such as your location.
Primary Purpose for Collection and Use Data: We have a legitimate interest in understanding our users and providing tailored Services.Geolocation Information
Types of Data: When you use our Website and Services we collect your location, including precise geolocation, from the GPS, Wi-Fi, and/or cellular technology in your device to determine your location to better serve you better.
Primary Purpose for Collection and Use Data: We have a legitimate interest in understanding our users and providing tailored Services. In some contexts, our use is also based upon your consent to provide us with geo- location information.Metadata
Types of Data: When you choose to enter, post and/or upload User Content on or through the Services, we will collect metadata associated with any such User Content. This metadata includes information on how, when, where and by whom a piece of User Content was collected and how that User Content has been formatted or edited. Metadata also includes information that users can add or can have added to their User Content, such as keywords, geographic or location information, and other similar data. You can learn more about metadata here: Metadata - Wikipedia.
Primary Purpose for Collection and Use Data: We have a legitimate interest in understanding our users and providing tailored Services and improving the Services. In some contexts, our use is also based upon your consent to provide us with geographic or location information and/or upon our contractual obligation to you in providing the Services.
Surveys
Types of Data: We value customers' feedback and may, from time to time, request your participation in surveys or seek your opinions to enhance our Services. Participation in these surveys is entirely voluntary, and you can provide or decline the requested information. If you choose to voluntarily participate in a survey, we collect information that you provide through the survey. If the survey is provided by a third-party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information.
Primary Purpose for Collection and Use Data: We collect survey responses based on your consent. We also have a legitimate interest in understanding your opinions and collecting information relevant to our organization and the Services.
Children’s Online Privacy Protection Act (“COPPA”)
Our Services are not designed for children under 13, and we do not intentionally or knowingly collect Personal Information from users who are under the age of 13 or from other websites or services directed at children. If we discover that a child under 13 has provided us with Personal Information, we will delete such information.
Information You Provide to Us
We collect Personal Information from you listed in Section 1 above.
User Content that you choose to enter, post and/or upload on or through the Services.
When you engage us to provide Services, our payment processor will collect all information necessary to complete the transaction, including your name, credit card information, billing information, and direct deposit/ ACH information.
If you provide us feedback or contact us via email, we may collect your name, if stated, and email address, as well as any other content included in the email, in order to send you a reply.
When you participate in one of our surveys, we may collect additional information that you knowingly provide.
We will maintain the information you send via email in accordance with applicable federal law.
In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Collected via Technology
In an effort to improve the quality of the Services, we reserve the right to track information provided to us by your browser or by our software application when you view or use the Services, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Services, the time and date of access, and other information that does not personally identify you. We track this information using Cookies. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive or mobile device. Sending a Cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our Services, both on an individual and aggregate basis. Please review the Cookie Policy https://www.hypothetic.art/cookie/ for more information.
When you choose to enter, post and/or upload User Content on or through the Services, we will collect metadata associated with any such User Content. This metadata includes information on how, when, where and by whom a piece of User Content was collected and how that User Content has been formatted or edited. Metadata also includes information that users can add or can have added to their User Content, such as keywords, geographic or location information, and other similar data. You can learn more about metadata here: Metadata - Wikipedia.
Our Website uses social media connectors. They are social media buttons, such as LinkedIn you see on our Website that allow you to connect and learn more about us and interact with us, our users and marketing partners. We reserve the right to use technological equivalents of Cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. We reserve the right to use these pixels in compliance with the policies of the various social media sites.
These social media third-party providers may combine your information with other information they have about you. The Personal Information that is shared with them will be governed by the third-party provider’s privacy policy and will apply to any Personal Information Hypothetic may access through the third-party provider.
We may also use third party analytics services such as Pendo and Google Analytics to collect information about how you use and interact with our Services. Such third-party analytics services may use Cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and which website referred you to the Website.
We reserve the right to use technological equivalents of Cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. We reserve the right to use these pixels in compliance with the policies of the various social media sites.
Some content or applications, including advertisements, on the Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use Cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used and we are not liable for any third party providers, acts or omissions. If you have any questions about an advertisement or other targeted content, you should contact the third-party provider directly.
Information We Obtain from Other Sources and Third-Party Logins
Our affiliates, data analytics providers, advertising networks, internet service providers, operating systems and platforms and social networks may also provide us information about you. We may also collect information from publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check.
Please note that if you access third-party services, including Microsoft Authenticator, Apple, Google, Instagram, Facebook, etc., through the Services to login to the Services or to share information about your experience on the Services with others, these third-party services may be able to collect information about you, including information about your activity on our Website or through the Services, and they may notify your connections on the third-party services about your use of the Services, in accordance with their own privacy policies. You may also have the opportunity to provide us with additional information via the third-party platform or network, such as a list of your friends or connections and your email address.
Use of Your Personal Information
In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:
to facilitate the creation of and secure your account;
to provide you Services as you requested;
to identify you as a user in our system;
to establish an account on the Website;
register you for a platform demo via Google Meet;
for calls/meetings via Zoom, Google Meet or similar technology;
to provide improved administration of the Services;
for research and development and to improve the quality of experience when you interact with the Services. As part of these activities, we may also create anonymous data (including aggregated or de-identified data) from Personal Information we collect. We make Personal Information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business;
with your consent, to train AI algorithms to improve our Services;
to send you administrative email notifications, such as security or support and maintenance advisories;
to respond to your inquiries related to employment opportunities or other requests;
to periodically send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes including those of third parties;
to perform marketing or data analysis;
to comply with legal obligations, as part of our general business operations, and for other business administration purposes; and
in very limited circumstances where we believe necessary to investigate, prevent or act regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of this Privacy Notice.
Use of Non-Personal Information
In general, we use Non-Personal Information to help us improve the Services and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Services. This Privacy Notice does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.
How We Share Your Personal Information
As a general rule, we do not sell, rent, lease or otherwise transfer any information collected either automatically or through your voluntary action. We may disclose your Personal Information as described below and as described elsewhere in this Privacy Notice.
Third Party Service Providers. We may share your Personal Information with third party service providers to provide you with the Services that we offer you; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of accounts; to process your payment; to provide technical support; and/or to provide future services to you. Prior to engaging any third- party service provider, Hypothetic performs due diligence to evaluate their defensive posture and executes an agreement requiring each third-party service provider to maintain minimum acceptable security practices. The third-party service providers we are engaged with and/or third-party products and/or services we use to provide the Services can be found here: https://docs.google.com/document/d/1CNS0sXZ-V4ET4txSd1v93ZF__f3aseQSSlPUE4j-iYs/edit.
[Integrations and Third-Party Services. We integrate third-party Application Programming Interface (“API”) in connection with the Services that we offer you. The information collected by Hypothetic when using the API, is processed in compliance with this Privacy Notice. Information collected by third-party API partners is governed by their privacy policies and Hypothetic does not own or control those third parties.]
Process Payments. We transmit your Personal Information via an encrypted connection to our payment processor. To learn more about the payment processor we use and their policies related to privacy, learn more at Stripe – Privacy Policy (stripe.com).
Business Transfers. If (i) Hypothetic is acquired by, merges with, or receives investment from another company or (ii) if any of the Hypothetic’s assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your Personal Information with lenders, auditors, attorneys and consultants.
Other Disclosures. Regardless of any choices you make regarding your Personal Information (as described below), we may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on us; (c) to protect or defend our rights or property, or the rights or property of users of the Services; (d) to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person and/or (e) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Notice, or any agreements you may have with us, as applicable.
Links to Third Party Websites and Third-Party Providers
As part of the Services, we may provide links to or compatibility with other websites or applications; however, we are not responsible for the privacy practices employed by those websites or the information or content they contain nor are we liable for third party products, services, acts and/or omissions. This Privacy Notice applies solely to information collected by us in relation to the Services and your use of the Services. Therefore, this Privacy Notice does not apply to your use of a third-party website accessed by selecting a link on our Website or via the Services. To the extent that you access or use the Services through or on another website or application, then the privacy policy of that other website or application will apply to such access and/or use. We encourage our users to read the privacy statements of other websites before proceeding to use them.
Your Rights Regarding the Use of Your Personal Information
We may send periodic promotional emails to you. You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional email. If applicable, you can also indicate that you do not wish to receive marketing communications from us in the “Notifications” section of your Account. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Notification section of your Account, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Notice. You may unsubscribe to promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process unsubscribe requests. If you unsubscribe from receiving promotional emails, we may still send you emails about the Services.
Your Rights and Choices
If applicable privacy laws allow, you may have rights over your Personal Information. This includes, but is not limited to:
Right to Know. You have the right to request disclosure about our Personal Information collection practices during the prior 12 months, including the categories of Personal Information we collected, the sources of the information, our business purposes for collecting or sharing the information and the categories of third parties with whom we shared such information. You may request a copy of the specific pieces of Personal Information we may have collected about you in the last 12 months.
Right to Delete. You may request that we delete (and direct our service providers to delete) your Personal Information, subject to certain exceptions.
Right to Opt-Out. You have the right to opt-out of any ‘sales’ of your Personal Information, if a business is selling your information. For clarity, we do not sell your Personal Information.
Non-Discrimination. You have the right to not be discriminated against for exercising these rights.
You can make the following choices regarding your Personal Information:
Access To Your Personal Information. You may request access to your Personal Information by contacting us at the address below. If required by law, upon request, we will grant you reasonable access to the Personal Information that we have about you. We will provide this information in a portable format, if required. Note that California residents may be entitled to ask us for a notice describing what categories of Personal Information (if any) we share with third parties or affiliates for direct marketing.
Changes To Your Personal Information. We rely on you to update and correct your Personal Information. Please contact us at the address below immediately if there are any changes to your Personal Information. Note that we may keep historical information in our backup files as permitted by law.
Deletion Of Your Personal Information. Typically, we retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law, or as otherwise described in this Privacy Notice. You may, however, request information about how long we keep a specific type of information, or request that we delete your Personal Information by contacting us at the address below. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.
Objection to Certain Processing. You may object to our use or disclosure of your Personal Information by contacting us at the address below.
Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include ‘Do Not Track’ instructions.
Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you communications related to your use of the Services and administrative purposes for reasons such as providing you with updates to this Privacy Notice.
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Revocation Of Consent. If you revoke your consent for the processing of Personal Information, then we may no longer be able to provide you Services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address below.
How to Exercise your Right(s)
You may enquire about your Personal Information by contacting us as described below in Section 19. Hypothetic will generally respond to all access requests within 30 days of the receipt of all necessary information. We will need to verify your identity before providing you with the Personal Information we hold about you. In circumstances where we are not able to provide access, or if additional time is required to fulfill a request, we will advise you in writing.
Hypothetic may not release certain types of information based upon exemptions specified in applicable laws. Where possible, we will sever the information that will not be disclosed and provide you with access to the remaining information. Should we be unable to provide access to or disclose Personal Information to you, we will provide you with an explanation, subject to restrictions.
In certain circumstances, such as where the request is excessive or unfounded, we may charge you an administration fee for access to your Personal Information. We may also charge for additional copies. We will advise you of any fees before proceeding with a request.
You may learn more about the process or obtain assistance in completing an access request by contacting us as described below. Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name or other account information. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete Personal Information about you in our files.
In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us. If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:
A completed written notice indicating that you have authorization to act on the consumer’s behalf signed by you and the consumer.
If you are a business, proof that you are registered with the appropriate Secretary of State to conduct business in that state.
If we do not receive this information, the request will be denied.
How We Protect Your Personal Information and Personal Data
We implement security measures designed to protect your information from unauthorized access, alteration, disclosure and/or destruction. Because the internet is not a completely secure environment, we cannot warrant the security of any information a user transmits to us or guarantee that information on the Services may not be accessed, disclosed, altered, and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. Any account you have on our Website is protected by your account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your account after each use.
We further protect your information from potential security breaches by implementing commercially reasonable technical, administrative, and organizational security measures to protect your information. For example, we use encrypted tokens for authentication and to transmit billing information to our payment processor, Stripe; we store customer data on S3 encrypted at rest and serve the data through CDN. However, even these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software so while we use reasonable efforts to protect your Personal Information, we cannot guarantee the Services are absolutely secure.
How we Retain Your Personal Information
We will retain 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, or reporting requirements. The precise periods for which we keep your Personal Information vary depending on the nature of the information and why we need it. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use and/or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with a user) for research or statistical purposes in which case we may use this information indefinitely without further notice. We may retain information (including without limitation your personally identifiable information) for a commercially reasonable time for backup, archival, audit purposes, and/or to comply with legal obligations, resolve disputes and enforce agreements. In some cases, if you choose not to provide us with requested information, you may not be able to use the Services. You can request further details of retention periods for different aspects of your Personal Information by contacting us.
Please note that in the course of providing the Services, we collect and maintain aggregated, anonymized, or de-personalized information which we may retain indefinitely.
Accessibility
If you are visually impaired, you may access this Privacy Notice through your browser’s audio reader.
Changes to This Privacy Notice
We reserve the right to change this Privacy Notice or any agreement you entered into with Hypothetic time to time. We may notify you of significant changes to this Privacy Notice by sending a notice to the primary email address specified by you or by placing a prominent notice on the Site. Significant changes will go into effect thirty (30) days following such notification. Non-material changes or clarifications will take effect immediately. Our Privacy Notice includes an “effective” and “created” or “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current Privacy Notice was last substantively modified.
You should periodically check the Site and this Privacy Notice for updates.
Other Jurisdictions
Personal Information that you submit through the Services may be transferred outside of the jurisdiction in which you live. We also store Personal Information locally on the devices you use to access the Services. Local storage technologies, like HTML5, provide Cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
Your Personal Information may be transferred to other jurisdictions that do not have the same data protection laws as the jurisdiction in which you initially provided the information. The following provisions may apply to you depending on where you are located.
California.
At this time, California Privacy laws (California Consumer Privacy Act, California Privacy Rights Act) do not apply to us, but we will still protect your Personal Information as outlined in this Privacy Notice. If you feel this is incorrect, please contact us at hello@hypothetic.art.
Notice to Residents of the European Union, the European Economic Area and the United Kingdom
This Notice is meant to supplement our Privacy Notice so please review it carefully. If you reside in the European Union (“EU”) or the European Economic Area (“EEA”), the European Union General Data Protection Regulation (“GDPR”) will apply to how we collect and process your “Personal Data”, which is defined as “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.” If you reside in the United Kingdom, the United Kingdom Data Protection Act 2018 (“UK GDPR”) will apply to how we collect and process your Personal Data.
The Personal Data we collect and process, as described in this Privacy Notice, may be transmitted or transferred to countries other than the country in which you reside. Those countries may have data protection laws that are different from the laws of your country.
The data centers for Hypothetic’s Services are located in the United States, and third-party processors operate in many countries around the world. When we collect your Personal Data, we may process it in any of those countries.
We have taken appropriate steps and put safeguards in place to help ensure that your Personal Data remains protected in accordance with this Privacy Notice.
We also require that third-party processor to whom a data transfer is made has appropriate safeguards in place to protect your Personal Data, in compliance with applicable data protection laws. The particular measures used will depend on the processor, and our agreements with them may include but are not limited to the European Commission approved Standard Contractual Clauses, UK International Data Transfer Agreements and /or reliance on the processor’s Binding Corporate Rules, as defined by the European Commission.
Legal Basis For Processing
We primarily utilize your consent for lawfully using your Personal Data. We may also use your Personal Data lawfully and fairly based on any of the following situations:
to fulfill a contract that you are a party to, and you requested to enter into;
to fulfill a compliance obligation we are subject to;
our legitimate interests which do not override the rights and freedoms given to you under the GDPR; or
if it’s necessary to protect vital interests of the registered or of another individual.
First and Third-Party Cookies and Other Similar Technologies
Please see our Cookie Policy https://www.hypothetic.art/cookie/.
In addition to your rights described in our Privacy Notice, you have the following rights:
Right to be informed – about how your Personal Information is being processed.
Right of access – to the Personal Information we hold about you. You have the right to request copies of your Personal Information. We may charge you a small fee for this service.
Right to rectification – to have your Personal Information corrected if it is inaccurate and to have incomplete Personal Information completed. Right to erasure – this means that under certain circumstances, you have the right to request we remove your Personal Information from our system.
Right to restrict processing – this means that in certain conditions you have the right to restrict processing of your Personal Information.
Right to data portability – you have the right to request us to transfer the data that we have collected to another organization/ company, or directly to you, under certain conditions.
Right to object – this means that under certain conditions, you have the right to object to the processing of your Personal Information.
Rights in relation to automated decision making and profiling – this means that under certain circumstances you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
How to Exercise your Right(s)
We will not discriminate against you for exercising your rights. You may exercise your rights about your Personal Data by contacting us as described below in Section 19.
Once we receive your request, we will need to verify your identity before providing you with the Personal Data we hold about you. Typically, we will respond to your request within thirty (30) days. If we are unable to verify your identity, complete your request or if additional time is required to fulfill a request, we will notify you in writing.
Hypothetic may not release certain types of information based upon exemptions specified in applicable laws. Where possible, we will sever the information that will not be disclosed and provide you with access to the remaining information. Should we be unable to provide access to or disclose Personal Data to you, we will provide you with an explanation, subject to restrictions. In certain circumstances, such as where the request is manifestly unfounded, excessive or repetitive, we may charge you a reasonable fee. We will advise you of any fees before proceeding with a request.
Withdrawal of Your Consent
If we used consent to lawfully and fairly use your Personal Data, you may withdraw your consent at any time by contacting us as described below. Doing so may prevent you from accessing the Website. In some cases, we may limit or deny your request to withdraw consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. If you unsubscribe from the promotional emails you will still receive emails regarding your account.
To withdraw your consent, contact us at: hello@hypothetic.art.
Retention of Personal Data
As we are committed to the privacy of your Personal Data, we only hold on to Personal Data for as long as we need it to provide Services to you. We may retain limited Personal Data to meet legal or compliance obligations our Company must meet. You can request further details of retention periods for different aspects of your Personal Data by contacting us.
How to Lodge a Complaint
If you are in the EU or the EEA and have a complaint about how we use your Personal Information, you have the right to lodge a complaint with a supervisory authority. A list of the Data Protection Authorities and their contact information can be found here: Our Members | European Data Protection Board (europa.eu)
If you reside in the UK and have a complaint about how we use your Personal Information, you have the right to lodge a complaint with the Information Commissioner’s Office (“ICO”). You can find additional information on how to do so here: Make a complaint | ICO
Notice to Residents Outside of the United States, EU, EEA and UK
Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. If you are located outside of the United States, the EU, the EEA or the UK, please be advised that any information you provide to us will be transferred to and stored in the United States and that, by submitting information to us, you explicitly authorize its transfer and storage in the United States. We will protect the privacy and security of Personal Information according to this Privacy Notice regardless of where it is processed or stored.
Contact Information
If you have any questions comments, or complaints concerning our privacy practices, please contact us by sending an email to hello@hypothetic.art or send correspondence via mail to:
Hypothetic, Inc.
7095 Hollywood Boulevard, #1120
Hollywood, CA 90028
We will attempt to respond to your request and to provide you with additional privacy-related information.
Effective Date: May 7, 2024