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HIGHER DIGITAL INC PRIVACY POLICY


Last updated: January 1, 2022

Higher Digital Inc. and its affiliates (collectively, “Higher Digital, “we,” “us,” or “our”), we understand the importance of maintaining your privacy, and we therefore strive to provide our Service with your protection in mind.  This Privacy Policy applies to your use of our website located www.higher.digital, all subdomains thereof, any other websites and online offerings operated by Higher Digital which link to this Privacy Policy, whether accessed via computer or mobile device (the “Services”).  This Policy does not apply to third-party properties, or Higher Digital properties that contain other privacy policies.

OUR SERVICES ARE OFFERED TO YOU SUBJECT TO YOUR ACCEPTANCE OF THIS PRIVACY POLICY ALONG WITH OUR TERMS OF USE (THE “TERMS”) WITHOUT MODIFICATION OR EXCEPTION. YOUR USE OF OUR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS PRIVACY POLICY. PLEASE READ THIS PRIVACY POLICY CAREFULLY.  IF YOU DO NOT AGREE TO IT, YOU ARE PROHIBITED FROM USING OUR SERVICES.

 

Privacy Policy Summary

This Privacy Policy contains the following sections:

  1. Summary
  2. Your Acceptance
  3. Information We Collect
  4. Our Use of Information We Collect
  5. Information Sharing and Disclosure
  6. Cookies and Similar Technologies
  7. International Data Transfers
  8. Accessing, Reviewing, and Changing your Personal Information
  9. Confidentiality and Security
  10. Third-Party Practices
  11. Regarding Children
  12. Additional Terms

If you have any questions regarding this Privacy Policy, please contact us at privacy@higher.digital.

 

Section 1.  Summary.

This Privacy Policy explains and describes how Higher Digital collects, uses, processes, shares, and discloses information collected via our Services.  While a complete description is set forth below, the following bullets provide a brief summary of some of the central features of our privacy practices:

  • 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.
  • We may share your Personal Information with third-parties in limited situations, as necessary to provide you with aspects of our Services, provided those third parties are bound by contractual requirements to limit their use, processing and onward transfer of such Personal Information in accordance with all applicable laws and in accordance with our commitments in this Privacy Policy.  To learn more about our rights to share your information, please see the section titled “Information Sharing and Disclosure” below.
  • You can review, update, and request the removal of your Personal Information by contacting us at privacy@higher.digital.
  • 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.

In accessing the Services, you accept all the terms and conditions of this Privacy Policy as well as our Terms of Use.  Accordingly, we ask that you bookmark and periodically review this Privacy Policy to ensure continuing familiarity with the most current version.  If you do not agree with the terms and conditions of this Privacy Policy or our Terms of Use, you should immediately cease using and accessing the Services.

 

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.

Personal Information

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.

Technical Information

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. 

We minimize the Personal Information we collect about users, including you, and retain such Personal Information for only limited periods. Raw data that we collect about user online activities, including yours, is kept for no longer than 380 days from the date collected and is stored in a secure environment; thereafter, the user-level data is either anonymized or aggregated, which means the information is expressed only in a summary form representing large groups of individuals. Anonymous data may be kept by us for 2 years and aggregated information relating to financial performance stored for up to 7 years for accounting and audit purposes. During the initial 380-day period, the information collected is used only for the purposes set forth in this Privacy Policy.  We will keep and process your Personal Information only for as long as is necessary for the purposes for which it was collected in connection with your use of our Services, unless there is a legal requirement for us to keep it for longer or the data is necessary for the establishment, exercise or defense of legal claims.

If you have entered into an agreement with us that contains restrictions with respect to the use of your information, including without limitation provisions with respect to confidentiality, non-disclosure, and intellectual property protections, that are more restrictive than those set forth in this Privacy Policy, then such other agreement shall control with respect to our use of your information.

 

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.
  • Affiliates: We may share your Personal Information with certain of our Affiliates to the extent lawfully able to do so under applicable law.  “Affiliates” means any entity controlled by, controlling, or under common control with Higher Digital Inc.  Our Affiliates will use and distribute your information in accordance with the terms of this Privacy Policy.  We have entered into the Standard Contractual Clauses (SCC) pursuant to 2001/497/EC with each such Affiliate.
  • Legal Issues: Higher Digital will use your Personal Information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.  We will also use or share your Personal Information in order to prevent, or take action regarding any illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law even without a subpoena, warrant, or court order.
  • Acquisition or Merger: If in the future we sell or transfer our assets or portions of our business, or if we experience a change in control, reorganization or liquidation, we may transfer information to our successor or buyer, subject to the terms of this Privacy Policy and the contractual agreement of such successor or buyer to abide by such Privacy Policy in connection with their use of any of your Personal Information.

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

A “cookie” is a small file containing a website user’s (such as you) preferences that is sent to the website user’s browser and sent back by that browser each time the website user browser accesses our servers.  When we refer to “cookies” in this Privacy we not only mean cookies, but also pixels, beacons and other similar technologies that are used by us to automatically gather information from you in connection with your use of our Services.  We may place a cookie on your computer or mobile device to uniquely identify your browser in connection with your use of our Services, provided that you have provided your consent for us to do so, if required pursuant to applicable law. The cookies we use can only be read by the server that placed them there.  When you use our Services, you will see a message asking you if you agree to allow us to set our own cookie and third-party cookies on your device and collect information from you through such cookies. If you agree to the application of cookies, you will then be asked whether you consent to the processing of the information collected for each of the purposes set forth in this Privacy Policy.  If you agree to the placement of cookies by us and one or more of the identified processing activities set forth in this Privacy Policy, we will receive a message from the website where your selection has been made, notifying us that we have permission to set a cookie, collect information on your device and use it for the agreed purposes. You may withdraw consent at any time on the websites visited.

We use cookies and the data collected by cookies to improve the quality of our Services and personalize your experience when using our Services, by providing a personalized, relevant experience and performing analytics designed to ensure optimal performance of our Services, including tracking user trends and patterns.

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.

Generally

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 privacy@higher.digital 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 privacy@higher.digital.  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:

  • You have consented to such collection and processing; which consent is given by your acceptance of our Terms and this Privacy Policy.
  • 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 privacy@higher.digital .  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 privacy@higher.digital . 

California Residents

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 privacy@higher.digital 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

5th Floor

Tysons, VA 22102

privacy@higher.digital

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 respond to your request within 45 days and will include the categories of third parties to which we have sold data about you.  For more information on why we have collected data about you, please see the rest of this Privacy Policy and our Terms.

We will never sell your information to any third parties. and offer an “Opt-Out” Option, which can be accessed by emailing us at privacy@higher.digital.

 

Section 9.  Confidentiality and Security.

We recognize our responsibility to protect the Personal Information you entrust to us. We restrict access to Personal Information to Higher Digital employees, contractors, Affiliates, third party service providers (as described and subject to the requirements of this Privacy Policy), and agents.  We maintain physical, electronic and procedural safeguards that comply with applicable law to guard your information. While we take precautions against possible breaches in our Services and customer databases, no website or Internet transmission is completely secure. Accordingly, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, but we do guarantee that we have taken commercially reasonable measures in accordance with general industry practice to prevent same.

 

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 privacy@higher.digital. 

Certain of our third party service providers who provide or enable any functionality on the Services may also request to collect information from you, including Personal Information in order to access such functionality. We are not responsible for the contents of any software download or the privacy practices of our third party service providers, but we have entered into the Standard Contractual Clauses (SCC) pursuant to 2001/497/EC with each such third party service provider. In addition, any web sites that you click to from one of the web pages forming a part of our Services may have been developed by third-parties over which we exercise no control. Such web sites may send their own cookies to end-users, collect data, or solicit Personal Information from you. We are not responsible for the privacy practices or the content of such web sites, including the use of any information collected when our end-users click through to such web sites. If you are concerned about the privacy policy of a third party, we strongly encourage you to contact them directly or visit their individual web sites to learn more about their individual privacy policies.

 

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.

Changes to this Privacy Policy

We may revise this Privacy Policy from time to time. We will post any Privacy Policy changes on this page:  www.higher.digital/privacy and, if the changes are significant, we will provide a more prominent notice.  Your continued use of our Services after such change has been made will signify your acceptance of such change. 

Contact Us

If you have any questions about this Privacy Policy, please feel free to contact us by e-mail at privacy@higher.digital or mail us at (outside of the EEA or UK) Higher Digital Inc., 1775 Tysons Boulevard, 5th Floor, Tysons, VA 22012, (within the EEA) Higher Digital Inc., Strawinskylaan 4117, 1077 ZX Amsterdam, The Netherlands or (within the UK) Suite 1, 3rd Floor 11-12, St. James’s Square London, SW1Y 4LB, United Kingdom.  We can also be reached at +1 833.344.4437 and privacy@higher.digital.