Last updated: September 5, 2023
Section 1: Introduction
Clockwork Platform, Inc., which operates the HiTide app (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide to us when you use our HiTide app and websites (our “Websites”), or that third parties may provide to us about you through our business partnerships, as well as our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
- On our Websites.
- In email, text, and other electronic messages between you and our Websites
- on our HiTide app websites.
- From and through third-party websites and applications that are our business partners.
- It does not apply to information collected by:
- Use offline or through any other means or;
- Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Websites.
Section 1b: Children Under the Age of 18
Our Websites are not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Websites. We do not knowingly collect or receive personal information from children under 18. If you are under 18, do not use or provide any information on these Websites or on or through any of its features. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at: firstname.lastname@example.org.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Section 6: Your specific rights based on where you reside for more information.
Section 2: Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Websites, including information:
- When you access our websites
- That is about you individually but does not identify you; and/or
- About your internet connection, your approximate geolocation, the browser and device you use to access our Websites, and usage details.
- When you register for the HiTide app
- By which you may be personally identified, such as an email address
- When you are using the HiTide app
- We collect usernames, IP addresses of clients, and email addresses and/or phone numbers
- When you are using the websites and applications of our Business Partners.
- We receive user ids that the Business Partners assign to you, telephone numbers that you consent to provide to them, and order counts and revenue amounts for products that you buy as a result of advertising on their websites and applications.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, approximate geolocation, browser and device information, and information collected through cookies.
- Instagram (www.instagram.com)
- Shopify (www.shopify.com)
- Postscript (www.postscript.io)
- Attentive Mobile (www.attentivemobile.com)
Section 2a: Information You Provide to Us.
The information we collect on or through our Websites may include:
- Information that you provide by filling in forms on our Websites. This includes information provided at the time of subscribing to or registering for any of our services or requesting further services. We may also ask you for information when you report a problem with our Websites.
- Records and copies of your correspondence (including email addresses), if you contact us.
Section 2b: Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Websites, including traffic data, approximate geolocation data, and other communication data and the resources that you access and use on the Websites.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
- We create aggregated logs and metrics of our processing.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways. It helps us to improve our Websites and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Websites according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Websites.
When using our HiTide App, we use automated data collection technology to provide the services described in Section 2a above.
The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Section 3c: Choices About How We Use and Disclose Your Information.
Section 2c: Information that we collect from our Business Partners
In order to provide services to our Business Partners, our Business Partners share the following information about you with us:
- userids that the Business Partners assign to you, and your username, name and email address associated with those userids.
- telephone numbers that you consent to provide to them
- Verification of your consents to provide telephone numbers to them
- Information about messages you send and social media metrics associated with them (such as opens, clicks, likes, etc.)
- Statistics about your purchases through our Business Partners or as a result of advertising and messaging on Business Partner websites and applications.
- Statistics about text messages that are sent to you as part of Business Partner marketing activities.
Section 3: How We Use and Disclose Your Information
Section 3a: How We Use or Process Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Websites and their contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it, whether to us or our Business Partners.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Websites or any products or services we offer or provide through them.
- In any other way we or our Business Partners may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see Section 3c: Choices About How We Use and Disclose Your Information.
Section 3b: Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We do not sell, trade or otherwise transfer your personal information to outside parties. This does not include trusted third-party affiliates, Business Partners or service providers who assist us in operating our website and conducting our business, but only so long as these providers agree to keep this information confidential.
- To contractors, service providers, Business Partners and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company. about our Websites' users is among the assets transferred (an “Acquirer”). You acknowledge that such transfers may occur and that any Acquirer of our Company. may continue to use your personal information as set forth in this policy.
- To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Section 3c: Choices About How We Use and Disclose Your Information.
- To fulfill the purpose for which you provide it, whether to us our Business Partners.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company our employees, our customers, or others.
Section 3c: Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt out by checking the relevant box located on the form on which we collect your data (the registration form) or at any other time by sending us an email stating your request to email@example.com If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
Section 4: How we protect your personal information
Section 4a: How we secure your personal information
We implement a variety of security measures, including physical, technical, and organizational measures, to protect your personal information from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal information. Even so, please do not disclose any private or confidential information to us via the Websites. We cannot guarantee the security of any information transmitted to us over the Internet.
If we have reasonable reasons to believe that your personal information has been acquired by an unauthorized person, and applicable law requires notification, we will promptly notify you of the breach by email (if we have it) and/or by any other channel of communication (including by posting a notice on the Websites).
Section 4b: How long we keep personal information
We will keep your personal information until we no longer expect to need it for any legal and legitimate purpose and otherwise in keeping with all applicable laws. At the appropriate time, we will take reasonable steps to destroy your personal information, except where we must retain it to satisfy legal or professional ethical obligations.
Section 5: Your General Regional Privacy Rights
Section 5a: Accessing and Correcting Your Information
You can review and change your personal information by sending us an email to firstname.lastname@example.org to request access to, correct, or delete any personal information that you have provided to us. We may not be able to delete any or all of your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Section 5b: Erasure
You may have the right to request that we delete certain personal information we have about you. We may either decide to delete your personal information entirely, or we may anonymize or aggregate your personal information such that it no longer reasonably identifies you. Certain personal information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide our services to you, we may be required to retain certain information for legal purposes, and there may be other reasons we may need to keep certain personal information under various applicable laws. In addition, if you ask us to delete your personal information, you may no longer be able to access or use some of our services.
Section 5c: Limitation of Processing
Certain laws may allow you to object to or limit the manner in which we process some of your personal information, including the ways in which we use or share it. For example, you may have these rights if the processing was undertaken without your consent in connection with our legitimate business interests (although we may not be required to cease or limit processing in cases where our interests are balanced against your privacy interests).
Section 5d: Regulator Contact
You may have the right to contact or file a complaint with regulators or supervisory authorities about our processing of personal information. To do so, please contact your local data protection or consumer protection authority.
If you believe that you have specific rights under your jurisdiction and you would like to exercise any of these rights, please submit a support request through our website or email us at email@example.com. Other than marketing opt-out and do-not-sell requests, you will be required to verify your identity before we fulfill your request. In certain jurisdictions, you may be able to designate an authorized agent to make a request on your behalf, subject to certain requirements of your applicable law. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other data we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent's authority to act on your behalf, and we may be required to take additional verification measures under applicable law.
Section 6: Your specific rights based on where you reside
Section 6a: Your California and Other US States' Privacy Rights
The California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”), plus the Colorado Privacy Act (“CPA”), Connecticut Data Privacy Act (“CDPA”), Utah Consumer Privacy Act (“UCPA”) and Virginia Consumer Data Protection Act (“VCDPA”) allow consumers in these states to opt out of certain sharing of their data.
California, Colorado, Connecticut, Utah and Virginia residents may request that We:
- Disclose the sources, categories, and specific pieces of personal information we have collected about them, how that information is used, and with whom We share it.
- Disclose the purpose for collecting personal information.
- Disclose the categories of third parties with whom We share personal information.
- Delete/rectify/restrict their personal information, subject to certain exceptions (right of rectification not applicable to Utah residents).
- Disclose, for any “sales” of personal information, the categories of personal information collected and sold and to what categories of third parties it was sold.
- Opt them out of sales of their personal information (if any) or subject certain personal information to automated decision-making algorithms (not applicable to Utah residents).
- Provide a copy of their personal information in a readily usable format that allows the information to be transmitted to others.
- Residents in these states may not be discriminated against for exercising any of the rights described above.
Residents of these states may exercise these rights by contacting us at firstname.lastname@example.org .
In general, we, including our third-party affiliates, Business Partners or service providers collect the following California regulated categories of personal information (PI) from you:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.||YES|
|B. PI categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some PI included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with our Service or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||NO|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other PI.||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
In the preceding twelve (12) months, the Company has disclosed the following categories of personal information for a business purpose with Affiliates:
- Category A: Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address
- Category B: PI categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) such as A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license
- Category F: Internet or other similar network activity
Section 6b: Important information for European Union and United Kingdom Users
If you are a user from the European Union, or United Kingdom, you should be aware that the Company is the controller for personal information that we collect on our Websites (Data Controller), and a processor for personal information that we receive from Business Partners (Data Processor) under the EU General Data Protection Regulation (“GDPR”), and the UK General Data Protection Regulation (“UK GDPR”).
You may have certain additional rights regarding your personal information (as defined in the GDPR and UK GDPR, for instance), including the right to:
- access your information;
- rectify your information if it is incorrect or incomplete;
- have your information erased (“right to be forgotten”) if certain grounds are met;
- withdraw your consent to our processing of your information at any time, if our processing is based on consent;
- object to our processing of your information, if our processing is based on legitimate interests;
- object to our processing of your information for direct marketing purpose; and
- receive your information from us in a structured, commonly used, and machine-readable format, and
- the right to transmit your information to another controller without hindrance from us (data portability).
There is no charge for any of these requests. To make a request, please contact us at email@example.com. We try to respond to such requests in a timely manner, but in no event longer than one month.
When we collect your personal information, we maintain and store it for as long as we determine reasonably necessary to provide our services to you, unless you exercise your right to erasure described above, or to comply with applicable legal requirements.
If you are a citizen of the European Union, or United Kingdom, when we process your personal information, we will only do so in the following situations:
- We have a contractual obligation.
- We have a legal obligation
- We have a legitimate interest in processing your personal information. For example, we may process your personal information to send you marketing communications, relevant content, products or events invitations, and to provide, secure, and improve our services.
We operate our Websites from the United States and store information that we collect in the United States. However, we market and provide services in many other countries. Accordingly, we will disclose information collected through our Websites, as well as other personal information, across geographical boundaries, within and outside of our company, for legal and legitimate purposes as described above.
If you are a user in the European Union and have a concern about our processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
Section 8: Contact Information for exercising your privacy rights
If you wish to exercise any of these rights, you may: (a) email our Data Protection Officer at firstname.lastname@example.org; or (b) call us at (908) 379-3060;
To change information that we collect through this website, please email email@example.com. We allow you to opt out of future communications at any time by clicking the “unsubscribe” link at the bottom of all emails.
If you would like to make a complaint about how we have handled your personal information, or to make a complaint about a breach of data protection laws, please email us at firstname.lastname@example.org. We will investigate complaints and will communicate the outcome of the investigation to you after the complaint is made in accordance with applicable law. You may also have a right in some locations to file a complaint with your local data protection authority.
Clockwork Platform, Inc.
Attention: Data Protection Officer
169 Madison Ave #2265
New York, NY 10016