Last updated: January 1, 2022
- Your Acceptance
- Information We Collect
- Our Use of Information We Collect
- Information Sharing and Disclosure
- Cookies and Similar Technologies
- International Data Transfers
- Accessing, Reviewing, and Changing your Personal Information
- Confidentiality and Security
- Third-Party Practices
- Regarding Children
- Additional Terms
Section 1. Summary.
- We collect Non-Personal Information and Personal Information (each defined below) from you in two ways: information that you give to us, or information that we collect from your use of our Service.
- We will never sell any Personal Information or data collected from the use of our services.
- You can review, update, and request the removal of your Personal Information by contacting us at email@example.com.
- We use commercially reasonable efforts to secure your information in accordance with applicable law.
- We have special concerns about the privacy of users who are minors (users under the age of 18), as further addressed in the section titled “Regarding Children” below. Our Services are not directed to children under 18.
Section 2. Your Acceptance.
Section 3. Information We Collect.
In order to provide our Services to you, we may collect information about you and your use of our Services. This information may include Personal Information, Technical Information, Information available to us from other technologies, and third party information related to you or your use of our Services. All such information pertaining to you shall be collected, stored, processed, and transferred in accordance with the laws applicable to you.
In some cases, the information we collect will include your Personal Information, such as your name, address, email address, telephone number, username and password (if any), the name, address and phone number of any company or institution you represent when using our Services, and other related information that you provide to us, should you choose to do so, when you sign up for and use our Services. There are many varying terms used throughout the world under various regulatory regimes used to defined Personal Information (as used herein), including Personal Data, Personal Information, and Personally Identifiable Information (PII), which definitions include different types of data per such definitions. As used herein, when applicable to a particular regulatory regime or jurisdiction, Personal Information shall be deemed a substitute for such term, but our collection, storage, processing, use and onward transfer of such Personal Information shall be undertaken in conformity with such laws in all circumstances.
We also collect technical information related to your use of our Services, including device information and log information, some of which may be considered Personal Information under applicable law. Device and log information is information related to the device you are using when accessing our Services and information related to your use of our Services, including the following:
- IP address
- the domain name of your internet service provider
- the sites you were using immediately before using our Services
- the date and time of use of certain of our Services
- your browser type and language preferences
- other diagnostic information, including errors
Information from Other Technologies
We collect information derived from other technologies as well, such as cookies, pixels, and web beacons (unless you have opted out, as described below). These technologies provide information related to what and when you access other Internet sites, the types of content you access and your interactions with online ads.
Information from Third Parties
In many cases, we have relationships with third parties that will provide information about you to us, including Personal Information. These third parties include our Affiliates, advertising partners, and third party service providers utilized by us in connection with our provision of the Services. Any information provided by third parties is governed by the terms of service and privacy policies of such third parties. We have entered into the Standard Contractual Clauses (SCC) pursuant to 2001/497/EC with each such third party service provider.
Section 4. Our Use of Information We Collect
We collect information from you and our other users to administer our business activities and to measure and improve our Services, solely to the extent permissible pursuant to applicable law. Information is also used to fulfill your requests, conduct research, and develop new services and/or offer additional products and services to our visitors. For example, Higher Digital may use your IP address to determine which language to use to provide you when browsing web pages available through the Services. In addition, information collected from end-users may be used in aggregate, de-identified form to, among other things, determine the total number of end-users who are using our Services, prepare utilization reports for our third party service providers, diagnose and fix compatibility problems or other problems with our Services, and perform statistical analyses to enable us to build higher quality, more useful online Services. We may use your information to process information requests you submit, to make you aware of new or other Services that we offer, or to help conduct surveys to assess and improve our Services, business and related products and services. If you submit a request for information about Higher Digital through our Services, we may use your e-mail address to assist you with any issues you may have or to send you an e-mail that gives you the opportunity to elect to receive periodic e-mail alerts from Higher Digital regarding developments at the company.
We may also use your e-mail address to send you important notices. Since this information is important to your use of our Services, you may not opt out of receiving these communications.
We may combine your Personal Information that we have with other information that we obtain from third party service providers or other companies. We may also combine your Personal Information with Non-Personal Information. If we do so, the combined information will be treated as Personal Information for as long as it remains combined.
Section 5. Information Sharing and Disclosure.
In providing our Services to you, we may find it necessary to share your information with our third party service providers or allow such third party service providers to gather information directly from you, subject to your consent where applicable law so requires. We never sell your Personal Information to third parties (except as that term is defined more broadly under the CCPA).
Some of this information that you provide to us or our third party service providers may include your Personal Information. We may share your Personal Information with third parties in certain circumstances including the following situations:
- Consent: We will share Personal Information with third-parties when we have your consent to do so. Any data shared will by anonymized prior to sharing with any approved third party.
- Third Party Service Providers: We provide your Personal Information to third party service providers who work with us to provide our Services. Our Services with which our third party service providers may assist us include among other things, communicating with you about new or existing Higher Digital Services, creating or maintaining our databases, researching or analyzing our users, or processing payment card information. We have entered into the Standard Contractual Clauses (SCC) pursuant to 2001/497/EC with each such third party service providers. Our current third party services providers are as follows: Pipedrive and Hubspot.
We reserve the right to share your Non-Personal Information publicly and with others, subject at all times to such requirements, prohibitions and/or limitations as may be required by applicable law. If you are an EEA or UK resident and object to our using your Personal Information for the purposes set forth above, please contact our DPO as indicated in Section 8 below. Where we use your email to communicate marketing information to you, we will seek your prior consent where required to do so by law.
Section 6. Cookies and Similar Technologies
Most browsers enable cookies unless the user makes specific changes to his or her browser setting. You can control which and what types of cookies are downloaded from the Services by properly establishing your browser setting You can also opt out of receiving cookies, but we must caution you that our Services may not function correctly without cookies. You can review more information about cookies and how to control and delete cookies in various browsers, such as Chrome, Safari, Internet Explorer and others, please visit http://www.aboutads.info/consumers/.
We also use third party service providers, such as web analytics companies, to assist us in measuring the effectiveness and function of our Services. In connection with this, we may allow such third-party service providers to include their own cookies on our Services, provided that you have provided your consent for us to do so if required pursuant to applicable law. The information is collected for purposes of attribution, user action measurement, and similar undertakings, and is used by us to improve our Services. While a third party may collect this information, they do so as our service provider and we retain control over the use of the information collected. We have entered into the Standard Contractual Clauses (SCC) pursuant to 2001/497/EC with each such third party service provider.
Section 7. International Data Transfers.
Our Services are provided from servers and systems located within the United States. If you are not located in the United States, you should be aware that we will transfer your information, including your Personal Information, to the United States where many of our central databases operate. By using our Services, you consent to such cross-border data transfers of your Personal Information and agree to your Personal Information being collected, processed and transferred as set forth herein and in accordance with U.S. law. The data protection laws and other laws of other countries, such as the United States, may provide a less comprehensive or protective standard of protection than those in your country. We have entered into Standard Contractual Clauses (SCC) pursuant to 2001/497/EC between Higher Digital Inc. and the applicable third party we are transferring your information to in all appropriate cases. If you are an EEA or UK resident, you may request a copy of these agreements by contacting our DPO as indicated in Section 8 below.
Section 8. Accessing, Reviewing and Changing Your Personal Information.
Depending on what country (countries located in the European Economic Area for instance) or state (California or Virginia for instance) you are located in, you may have certain legal rights in relation to your Personal Information. You may have the right to request access to your Personal Information that we retain, as well as to seek to update, delete or correct this Personal Information, subject to certain exemptions provided by law. Please contact via email at firstname.lastname@example.org if you wish to exercise your rights. We cannot guarantee that you will be given access to your Personal Information in all circumstances, except those mandated by law. Additionally, if we are unable to verify your identity or are required to retain certain of your information by law, we may not be able to modify or delete your Personal Information, but will do so in all cases required by applicable law.
European Union and UK Residents
We are a controller for purposes of the General Data Protection Regulation 2016/679 and any implementing legislation (the “GDPR”). Our address for European Union residents is Strawinskylaan 4117, 1077 ZX Amsterdam, The Netherlands and for United Kingdom residents, Suite 1, 3rd Floor 11-12, St. James’s Square London, SW1Y 4LB, United Kingdom. We have appointed Barry Hill as our Data Protection Officer (“DPO”), who may be contacted at either of the addresses above or via email at email@example.com. With respect to the Personal Information we collect from you, we are relying on one of the following as our legal basis to do so:
- We need the data to perform the Services requested by you or to complete the transactions requested by you.
- We have a legitimate interest in using the data in the normal manners you would expect in connection with using a service like ours.
- We need to process your data to comply with a legal requirement.
As an EU or UK resident, GDPR affords you the following rights:
- Right to Access, which includes the right to request that we provide you with the Personal Information we have about you, the ways in which we use it, and who we share it with.
- Right to Rectification, which means you can require us to correct inaccurate Personal Information that we have about you.
- Right to Portability, which means you can request a copy of the data we have about you in a structured, machine-readable format and to ask us to send this data to another data controller.
- Right to Erasure, which means you have the right to require us to delete your Personal Information (unless prohibited by law or necessary for our legitimate purposes, including the continued provision of the Services to you).
- Right to Withdraw Consent, which means you can withdraw your consent for us to process your Personal Information.
- Right to Restrict Processing, which means you can require us to cease processing your Personal Information while undertaking rectification of such data or if we are relying on our legitimate interest to do so or if we are not fulfilling your right to erasure based on legal compliance issues.
You can exercise any of the foregoing rights by emailing us at firstname.lastname@example.org . We will respond to requests of this nature within 30 days of your email. If you are a resident of the European Economic Area and believe we maintain your Personal Information within the scope of the GDPR, you may direct questions or complaints to us at email@example.com .
Under California Civil Code Section 1798.83, which is also known as the “Shine The Light” law, users who are California residents may request from us a list of the Personal Information (if any) that we have disclosed to third parties for direct marketing purposes during in the preceding calendar year, this includes the names and addresses of such third parties. Requests may be made only one time per year. These requests are free of charge. To make a request, please contact us at firstname.lastname@example.org and note that we are not able to accept requests through the telephone, mail or by facsimile. We cannot be responsible for notices that are not labeled or sent properly or that do not have complete information. In the body of such request, you must put the statement “Your California Privacy Rights”, as well as your name, street address, city, state and zip code and you must provide enough information for us to determine if this applies to you. Additionally, you must attest to the fact that you are a California resident and provide a current California address.
If you are a resident of California, you have certain additional rights under the California Consumer Privacy Act of 2018 (CCPA), including the right:
- to access all data we collect about you;
- to opt-out of our sale of any of the information we collect about you to third parties;
- to have us delete any personal data (as defined under the CCPA) that we have collected about you;
- to know the categories of third parties to which we have sold data about you; and
- to know the reason we have collected data about you (as is described in our Terms).
The request for information can be sent to us at the following address:
Higher Digital Inc.
1775 Tysons Boulevard
Tysons, VA 22102
Toll Free Number: +1 833.344.4437
When you assert your right to request information, you must confirm that you are a resident of the State of California. We reserve the right to request that you provide further evidence as a resident of California before acting on your request.
We will never sell your information to any third parties. and offer an “Opt-Out” Option, which can be accessed by emailing us at email@example.com.
Section 9. Confidentiality and Security.
Section 10. Third-Party Practices.
Our third party service providers are obligated by applicable law to protect the privacy of certain types of data; however, we are not responsible for their actions or omissions, including the manner in which they use information that they receive from us. Nevertheless, if you feel that any of our third party service providers, or any third party who claims association with Higher Digital, is improperly collecting or using information about you, we urge you to contact them directly and also to inform us by e-mailing us at firstname.lastname@example.org.
Section 11. Regarding Children.
None of our Services are directed to children under the age of 13 (or under the age of 16 in the EEA or UK). We never knowingly collect information, including Personal Information, from children under the age of 13 (under 16 in the EEA or UK). However, if we learn that we have collected Personal Information from a child under the age of 13 (under 16 in the EEA or UK), we will promptly delete it, unless we are legally obligated to retain such data. Please contact us immediately if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13 (under 16 in the EEA or UK). Additionally, we comply with the Children’s Online Privacy Protection Act; for more information the Act and children’s privacy, please visit http://www.ftc.gov/privacy/coppafaqs.shtm.
Section 12. Additional Terms.