Privacy Statement

This privacy statement was last updated March 28, 2019

Holler Technologies, Inc. (“Holler” “we” “us” or “our”) provides development and data tools to messaging services and applications with messaging functionality (“Application”) through our website, mobile services, and software (our “Services”). Depending on the type of Service selected by the developer of the Application you are using, we may collect certain information about you.

You are probably reading this because an Application you downloaded uses our Services and directed you to read this Privacy Statement so you can understand how we collect, use and share information about you when you use the Application, our Services, or otherwise interact with us, as well as what your choices are regarding the collection, use and sharing of your information.

By using the Application, you are agreeing to this Privacy Statement If you do not agree, then do not use the Application. We may change this Privacy Statement from time to time. If we make changes, we will notify you by revising the date at the top of the statement and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Statement whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

This Privacy Statement does not apply to the practices of third parties that we do not own or control, including those of the developer of the Application you are using. We encourage you to carefully review the privacy policies of any third-party services you access.

Information We Collect:

We use technologies such as Software Development Kits (SDKs) or Application Programming Interfaces (APIs) to collect information about you as described below. We use these technologies to recognize your device and to track your activities in the Applications and in other websites. These technologies work by storing a line of code in the Application that resides in your mobile device and synchronizes information back and forth between your mobile device and our servers. When you remove the Application from your mobile device, this line of code will also be removed. We may also collect information when you fill out a form, communicate with us via third-party social media sites or otherwise communicate with us.

We may collect and store the following information with respect to your use of our Services:

  • Technical Data: In environments where applicable, this includes information, such as URL information, cookie and web beacon data, your IP address, network connection type (e.g., WiFi, 3G, LTE), browser type, language, operating system, and Holler Application version.

  • Mobile Device Information: When you access the Application via mobile device, we may collect information about the type of device you are using to access the Application, your provider, network and device performance, the unique device identifier assigned to that device by phone makers, carriers, or makers of the operating system (to the extent allowed by such phone makers, carriers, or makers of the operating system) (“Device ID”), identifiers for advertising (e.g., Google Advertising ID or IDFA) (“Advertising ID”) and geographic or geolocation information.

  • Application Usage Statistics: We may collect information about how you use and interact with the Applications. This includes, but is not limited to: how you use the different Application functions, the amount of time you spend in the Application, and commercial transactions you conduct, including in-app purchases.

  • Conversational Metadata and Location Information: To help us identify relevant products, we may collect anonymized metadata about your conversations, including, but not limited to, chat identifiers, keywords related to what you talk about and location information, including your GPS location at the time of the conversation. Our systems automatically process content and communications you and others provide to analyze context and what’s in them for the purposes described in this Privacy Statement.

  • Your Usage: We collect information about how you use our Services, such as the types of content you view or engage with; the features you use; the actions you take; the people you interact with; and the time, frequency and duration of your activities.

  • Organic Content and Branded Content Interaction: We may collect data about how you interact with our content and branded content inside the Application. Branded content is content that an advertiser or marketer pays to promote to you. This includes viewing, sharing and post-tap actions.

We may combine your Device ID or your Advertising ID with non-personally-identifiable information in order to allow us to uniquely identify your device for purposes of storing specific and aggregate usage preferences and data.

How Do We Use the Information Collected?

We may use the information we collect in the following ways:

  • To provide, maintain and improve our Services and our users’ experience with them;

  • to improve the relevancy of the content we show you (e.g., to provide personalized advertisements, content or features that match your interests or location);

  • to monitor and analyze trends, usage and activities in connection with our Services;

  • to optimize and to target the delivery of organic content and branded content;

  • to personalize our Services to you;

  • to ensure that the Services function well and to develop new products and services;

  • to detect, investigate and prevent fraud and other illegal activities;

  • to enforce this Privacy Statement, including to protect the rights, property, or safety of Holler, its users, or any other person, or the copyright-protected content of the Services or others;

  • to provide recommendations for development of new Applications; and

  • as otherwise stated in this Privacy Statement.

How the Information Collected is Shared:

1. Information Shared within our Services:

The information collected about you may be included in our Services and may be visible to the developer of the Application you use. The developer may be able to see information collected about you as described in this Privacy Statement, including, without limitation, your Advertising ID. In many cases, the Application developer can and does collect this data even without using our Services. We encourage you to review the developer’s privacy statement for the Application that you use.

2. Service Providers

We may share the information we collect with service providers to perform functions and process personal information on our behalf. For example, we work with infrastructure providers to host the Services and analytics providers to help us understand how users engage with our content.

3. Other Sharing

In addition to the uses described above, we may also share your information with third parties for the following purposes:

  • when you explicitly consent to the disclosure of such information to a third party when connecting to a third-party service that asks you if you consent to such sharing;

  • to a parent company, affiliates, subsidiaries, joint ventures, or other companies under common control with Holler;

  • in connection with, or during negotiations of, a merger, acquisition, consolidation, change of control or sale of all or a portion of our assets or if we undergo bankruptcy or liquidation;

  • to respond to legal process or request for information (e.g., a court order or subpoena), if we believe in good faith that it is necessary to do so;

  • where we are legally required to do so, such as in response to court orders or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands, or to comply with the requirements of mandatory applicable law;

  • if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person;

  • in an emergency or to protect the safety of any person;

  • if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the website infrastructure or the Services generally);

  • to address technical issues;

  • to enforce this Privacy Statement and any other terms that you have agreed to, including to protect the rights, property, or safety of Holler, its users, or any other person, or the copyright-protected content of the Services.

We may also share aggregated information that does not identify any specific user, device, or partner publicly or with third parties including developers, advertisers, potential partners, or researchers. For example, we may disclose statistics that a certain percentage of users of a certain genre of an Application spend a certain number of hours in such Application compared to other applications or statistics regarding engagement with an advertiser’s branded content.

Please see the section “Your Choices” to learn about your options in connection with the collection of information from you through cookies and other technologies and what you can do about it.

Security and Information Protection

We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please keep in mind that we do not control how the developers of the Applications you are using protect the information they collect about you. Please read their terms and privacy policies before providing any information to them. Also, please remember that the Internet is not a 100% secure medium for communication, and we cannot guarantee that your information will always remain private when you use an Application.

Policy Regarding Children

The Services are not directed to children under the age of legal majority in your country We do not knowingly collect information from children under the age of legal majority in your country. If you are under the age of legal majority in your country, please disable the provision of information to us as described in the Section entitled “Your Choices.” If you become aware that your child has provided us with personal information without your consent, please contact us at privacy@holler.io. If you are a California resident under the age of 18 and you wish to remove publicly available content, please contact us at privacy@holler.io.

Your Choices

1. Account Information

You can delete your information or update it if it’s inaccurate or incomplete at any time. Contact us at privacy@holler.io with your Device ID. Because we do not collect personally identifiable information such as your name or email address, you must provide us with your Device ID for us to be able to look up any information about you.

2. Location Information

You can delete your information or update it if it’s inaccurate or incomplete at any time. Contact us at privacy@holler.io with your Device ID. Because we do not collect personally identifiable information such as your name or email address, you must provide us with your Device ID for us to be able to look up any information about you.

3. Data Retention

We will retain your information until the earlier of (i) the information is no longer necessary to accomplish the purpose for which it was provided; or (ii) you ask that we delete your Advertising ID from our records, as described above. We may retain your information for longer periods to the extent that we are obliged to do so in accordance with applicable laws and regulations and/or we reasonably believe that retaining the information is necessary to protect our legal rights or legitimate business interests.

Transfer of Information to the U.S. and Other Countries

We are based in the United States and we process and store information in the U.S. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.

Residents of the European Economic Area

1. Legal Basis for Processing

If you are a resident of the European Economic Area (“EEA”), when we process your personal data we will only do so in the following situations:

  • We have a legitimate interest in processing your personal data. For example, we may process your personal data to provide, secure, and improve our Services and provide personalized recommendations and advertisements.

  • You have expressly consented to the processing of your personal data.

2. Data Subject Requests

If you are a resident of the EEA, you have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you may contact us at privacy@holler.io with your Device ID.

3. Questions or Complaints

If you are a resident of the EEA and have a concern about our processing of personal data 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.

Advertising and Analytics Services

We may, or we may allow others to, provide analytics services and serve advertisements on our behalf across the Internet and in the Application. We or these entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in Applications, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices (or http://www.youronlinechoices.eu if you are a resident of the EEA).

You may stop us from collecting further information for marketing and advertising purposes by disabling the Advertising ID on your mobile device. For more information on how to manage the privacy settings in your mobile device see, for example: https://www.apple.com/privacy/manage-your-privacy/ for your iOS device. For Android devices, see “Limit Ad Tracking” in your device’s privacy settings. You may also contact the manufacturer of your mobile device for instructions about opting out from ad tracking.

Even if you disable the Advertising ID in your mobile device, keep in mind that you may still receive (i) content, including branded content, from use of our Services, provided that our content recommendations will not be personalized to you, (ii) interest based advertising, including from third parties to whom your Advertising ID had been previously disclosed and (iii) advertising from third parties, though such advertising may not be based on your interests and preferences. For any privacy or data-protection-related questions, please write to privacy@holler.io.

Questions or Comments

We welcome questions and comments about this Privacy Statement. Questions or comments should be directed to privacy@holler.io.