LAST UPDATED January 29 2022

Introduction

This page (“Privacy Policy” or “Policy” or "Terms" or "Terms and Conditions") provides our policies and procedures for collecting, using and disclosing your information and outlines the security measures we’ve put in place to protect the information that you store using HAMMER CHAT, LLC.'s ("HAMMER CHAT") services, including the services made available through this web site, and any other software or services offered by HAMMER CHAT in connection with such services (the “Services”). By using these Services, you consent to the collection, transfer, processing, storage, disclosure and other uses of your information described in this Privacy Policy.

What information does HAMMER CHAT collect and store?

Personal Information

When expressing an interest in obtaining additional information about the Services or registering to use the Services, HAMMER CHAT requires you to provide your personal contact information, such as your name, company name, address, phone number, and email address (these are referred to below as your “Personal Contact Information”). When purchasing the Services, HAMMER CHAT also requires you to provide financial and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”).

Data, Diagnostic & Login Information

Using HAMMER CHAT’s Services, you will be able to create, upload, store and share information such as company description, email ID, logo, photos, custom emails, user email IDs, etc. (this is collectively referred to below as “Data”). This information will be stored and maintained on HAMMER CHAT’s web site. If you run into technical errors in the course of using the Services, HAMMER CHAT may request your permission to obtain a crash report along with certain logging information from your system documenting the error (“Diagnostic Information”). Such information may contain information regarding your Operating System version, hardware, browser version (and .NET version information in case of Windows systems), and your email address, if provided. Additionally, certain login information is maintained in a cookie stored locally on your computer (i.e. not on a server) in order to streamline the login process (“Login Information”).

Analytics Information

As you navigate HAMMER CHATs website and use our Services, HAMMER CHAT may also collect information through the use of frequently used information-gathering tools, such as cookies and Web beacons (“Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on HAMMER CHAT’s website (such as web pages viewed and links clicked). Collectively, this information is referred to as “Analytics Information.”

Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to your website or other websites.

Google's use of advertising cookies enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.

Users may opt out of personalized advertising by visiting Ads Settings or by visiting www.aboutads.info.

Geo-Location Information

HAMMER CHAT does not collect any information regarding your real-time geo-location while using the Services; however, it may do so at some point in the future. We will request your permission before collecting such information.

What does HAMMER CHAT do with the information it collects?

HAMMER CHAT uses the information it collects in the following ways:

Personal Contact Information – We use this information primarily to administer our Services to you and provide you with updates and product announcements. Per the Privacy and Conditions, we may use some of your information for marketing purposes, as explained below.

Billing Information – HAMMER CHAT does not store any Billing Information on its servers. Instead, we use a payment provider, Stripe (www.stripe.com), to store and process all payment related transactions. Find information regarding Stripe’s privacy policy here.

Data, Diagnostic Information and Login Information – We use this information solely for the purpose of administering and improving our Services to you.

Analytics Information – HAMMER CHAT may use your Analytics Information in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, to increase the Services’ functionality and user-friendliness, and to verify users have the authorization required for the Services to process their requests.

Sharing & Disclosure of Private Information

Third Party Applications and Your Use

HAMMER CHAT provides users with the ability to link to their Data on third party sites such as Facebook, Twitter and LinkedIn. Such linking is at the complete discretion of users. Because of this, HAMMER CHAT cannot be held responsible or liable for the linking of user’s Data to such third party sites, nor for how these third party sites use such links.

Marketing and Publicity

Per our Privacy and Conditions, you agree to permit HAMMER CHAT to identify you as a customer and to use your name and/or logo in HAMMER CHAT’s website and marketing materials.

Sale of Personal Information

HAMMER CHAT does not sell, rent, or trade your private information to any third parties in any way.

Service Providers and Business Partners

HAMMER CHAT may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Services (including, but not limited to, data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Services’ features). These third parties may have access to your information strictly for the purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.

Non-Private or Non-Personal Information

We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Services, in our discretion.

Our Use And Disclosure of Information

HAMMER CHAT will not disclose any personally identifiable information about any individual except as set forth in this Privacy Policy. This applies to information about our customers and information our customers provide to us about their customers. We are not limited in any way in our use of non-personal information that does not permit direct association with any specific individual or non-identifiable aggregate information about our users (such as the number of customers who use our services, the geographic distribution of our users, the amount of information located and/or removed, etc.).

Internal Uses of Your Personally Identifiable Information

We collect, store and process your personally identifiable information on servers located in the United States. Due to the unpredictable nature of Internet routing, your information may pass through other countries while in transit to our servers. We use the information we collect about you in order to:

• Develop and deliver our services

• Process your transactions

• Provide customer service and manage your account

• Improve our products, services and marketing.

We provide access to personally identifiable information about our users only to those who require it for the above purposes.

HAMMER CHAT will not sell or rent any of your personally identifiable information to third parties. HAMMER CHAT will not share any of your personally identifiable information with third parties except in the limited circumstances described below.

We share information with service providers under contract who help with our business operations such as payment and order processing, fraud investigation, bill collection, and information management and analytics. If content generation is included in your services, we may share information with service providers under contract to create, edit and/or publish such content. These third parties are obligated to protect your information and are contractually prohibited from using your personally identifiable information for any other purpose. They are never permitted to share your information with any third parties. They are authorized to use your personal information only as necessary to provide these services to HAMMER CHAT.

We disclose information that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity, to conduct investigations of violations of our Privacy of Use and/or to protect our right, protect your safety and the safety of others. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we reserve the right to provide that person or entity’s contact information (but not bank account or credit card information) to victims who request it.

We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. If the subpoena seeks information about an identified subscriber or limited group of subscribers, we will make reasonable business efforts to contact the subscriber(s) before providing information to the party that requests it. We cannot guarantee that we will be able to do so in all cases, whether due to a time limit, court order, inability to effectively contact a subscriber, or other circumstances.

When a user signs up for a co-branded version of our service through links to HAMMER CHAT.com from our co-branded partner’s website, HAMMER CHAT will share with the co-branded partner that user’s name, e-mail address and physical address in order to provide enhanced integration between HAMMER CHAT’s services and the services of our co-branded partner. If you do not want your information shared with HAMMER CHAT’s co-branded partner, sign up for HAMMER CHAT directly through HAMMER CHAT.com and other sub-domains and not through a link from our partner’s website.

We disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).

We share information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure and improve our products, services and advertising. It will not be shared with third parties for their marketing purposes. These third parties are contractually obligated to protect your information and are prohibited from using your personally identifiable information for any other purpose.

As with any other business, it is possible that in the future, HAMMER CHAT could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by HAMMER CHAT, including customer account information, but would continue to be bound by this Privacy Policy until it is amended.

We share your information with our parent, subsidiaries and joint ventures to help coordinate the services we provide to you, enforce our terms and conditions, and promote trust and safety.

The implementation of our Services, by its very nature, may require using your personally identifiable information to locate other information about you. Such use may include, but not be limited to, using your information to search the publicly accessible Internet sites as well as searching private information databases and sites.

The implementation of our Services, by its very nature, may require revealing your personally identifiable information in order to effect removal of Internet content about you. For example, we may have to disclose your name to a website in order to notify them to remove Internet content about you. This occurs with your express permission for a specific, given purpose.

Internal Uses of Your Personally Identifiable Information

We will retain your information for as long as your account is active or as needed to provide you the Services. If you wish to cancel your account or request that we no longer use your information to provide you the Services, you may delete your account (this will be done by HAMMER CHAT’s customer care team). If you delete your account, your Data will no longer be stored in our servers. While we try to delete your Data from our servers as quickly as possible, please be aware that there may be a delay from the time you delete your account to the time that your Data is removed, and that some of your Data may continue to exist for a period in backup copies.

Changes To Privacy Policy

If we decide to make material changes to our Privacy Policy, we will notify you by e-mail through the primary e-mail address specified in your account and/or post those changes to this Privacy Policy on the Website homepage prior to the changes taking effect. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you.

You are also responsible for regularly reviewing the Privacy Policy and related documents. We reserve the right to modify this Privacy Policy at any time. No amendment to or modification of this Policy will be binding unless in writing and signed by a duly authorized representative of HAMMER CHAT, or posted to the Site by a duly authorized representative of HAMMER CHAT.

In the event that HAMMER CHAT goes through a business transition, such as a merger, an acquisition by another company, or a sale of a portion of its assets, users' personally identifiable information will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the site for 30 days after a change of ownership or control of their personally identifiable information. If, as a result of the business transition, a user’s personally identifiable information will be used in a manner different from that stated at the time of collection, users will be given a choice consistent with our notification of changes section.

Internal Uses of Your Personally Identifiable Information

If you reside in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Iceland or Switzerland, you may have additional rights with respect to your personally identifiable information (otherwise known as Personal Data). These rights may include rights under the EU’s General Data Protection Regulation (“GDPR”), if you are a resident of the EU, United Kingdom, Lichtenstein, Norway or Iceland. “Personal Data” is any data that relates to an identified or identifiable natural person. Examples of Personal Data include identifiers such as name, location data, and unique online identifiers.

In addition to the principles, practices and policies set forth above in this Privacy Policy, HAMMER CHAT has adopted the following principles to govern its collection and processing of Personal Data:

Personal Data shall be processed lawfully, fairly, and in a transparent manner.

The Personal Data collected will only be those specifically required to fulfill HAMMER CHAT’s obligations to deliver the HAMMER CHAT service.

Personal Data shall only be retained for as long as it is required to fulfill contractual requirements.

Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and/or processed. Personal Data shall be accurate and, where necessary, kept up to date.

The data subject has the right to request from HAMMER CHAT access to and rectification or erasure of their Personal Data, to object to or request restriction of processing concerning the data, or to the right to data portability. In each case such a request must be put in writing to HAMMER CHAT.

About the California Consumer Privacy Act (CCPA)

Effective on January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents to obtain certain information collected by the business with whom they have established business relationships.

If you are a California resident, you may exercise certain rights to access, restrict, or delete your personal information by submitting a request through this link.

Community

Our Services may include publicly accessible community services such as blogs, forums, and wikis. Please be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts on these communities may remain even after you cancel your account.

Personal Information We Collect

We may collect the following categories and types of “Personal Information”:

Contact information: your first and last name, alias or username, mailing address, email address, and phone number;

Other identifying information: internet protocol (IP) address, unique personal identifiers, online identifiers, Social Security/Insurance number, driver’s license number, state identification card number, insurance policy number, passport number or similar identifiers, social media user names, passwords and other security information for authentication and access, physical characteristics or description, medical information or health insurance information;

Financial Information: credit card number, debit card number, bank account information and other financial information;

Demographic information: gender, age, employment information and salary information;

Geolocation data;

Internet or other electronic activity: your browsing, search and click history, including information about how you navigate within This Website and the Services and which elements of This Website and the Services you use the most, and ratings and reviews or other content you post on This Website or to the Services;

Commercial information: products or services purchased or viewed on This Website or through the Services;

Audio and visual information: your videos and photos, such as audiovisual content you upload to your user profile and other audio or video recordings initiated by us; and

Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, behavior and attitude.

We may anonymize, aggregate or otherwise strip any personal information or other information we collect of all personally identifying characteristics and may use or share that aggregated, anonymized data with third parties for any purpose we deem appropriate.

Free Text. Please note that we may collect other Personal Information that you choose to provide in a free-text entry box, either as part of your User Account/Profile or as part of any Content you contribute to This Website or in connection with the Services.

Message or Email Content. We may also collect other Personal Information in the form of message or email content when you choose to link certain third-party messaging or email services (e.g., WhatsApp or Gmail) to your User Account/Profile or when you interact with these services on This Website or in connection with the Services.

Sources of Collection

We obtain the categories of Personal Information listed above from the following categories of sources:

Directly from You. For example, from forms you complete to register for a user account or create a user profile on This Website, when otherwise using the Services, or to provide feedback or suggestions about This Website or the Services. We also collect records of products or services you consider for purchase when you search for businesses on This Website or through the Services, ask questions in our Q&A section or request quotes or contacts from businesses who advertise with us.

Indirectly or passively from you or your computers, devices or internet browsers. For example, This Website use “cookies” on your browser that enable us to track your interactions with This Website, the Services and Ads, and our Apps may collect geolocation from your mobile device if you search for a business “near” your current location. This activity is further described in the Cookies and Advertising and Online Tracking sections below.

Indirectly or passively from you if you choose to link certain third-party email or messaging services (e.g., WhatsApp or Gmail) to your User Account/Profile or when you otherwise interact with these services on This Website or in connection with the Services. More information about what data will may be shared when you choose to link your User Account will be available at the time of selection (e.g., by clicking the “Data and Permissions” tab when selecting an app in the Hammer Chat app marketplace).

From telephone carriers and providers. For instance, we collect caller ID information from incoming calls to our call tracking numbers, and we receive Consumer information for the purpose of publishing White Pages residential telephone directories in certain geographic areas.

From your contacts. For example, if another user chooses to use an available referral or share feature on This Website or through the Services (e.g., to send a postcard, listing, page link, contest invitation, etc. to you), we may collect certain Personal Information about you as the recipient of the shared information (e.g., name, address, e-mail address, mobile telephone number).

From Social Networking Services. For example if you use Facebook or Google to sign-in to your account on This Website or to the Services, we collect such information about you that you permit the Social Networking Service to share with us.

From Service Providers that collect certain Personal Information from or about you on our behalf, such an analytics software or platform that we use to measure and analyze traffic to This Website, the Services or interaction with our Ads. For example, our Service Providers capture certain usage data to provide and analyze a “session replay” of your activities on This Website, which allows us to optimize This Website and the Services. The session replay may record, for example, clicks, mouse movements, scrolling, typing, navigation through This Website and the technical specifications of your device.

Purpose of Collection and How We Use Personal Information

We use your Personal Information for the following categories of use:

Transactional Purposes: We use your contact information, financial information, and commercial information to:

Fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a quote from a business, we will use that Personal Information to facilitate communication between you and the business regarding the quote;

Create and update your User Account/Profile;

Receive, process, or confirm your request, order, inquiry or registration;

Communicate with you about your request, order, inquiry or registration;

To create, maintain and secure your User Account/Profile on This Website or in connection with the Services; and To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Consumer Personal Information held by us is among the assets transferred.

Analytical Purposes: We use your other identifying information, internet activity and browsing history, commercial information, demographic information, and geolocation data to analyze preferences, trends and statistics and direct you to the jurisdiction-specific website based on your location.

Marketing and Promotional Purposes: We use your contact information, commercial information, demographic information, internet or other electronic activity, geolocation data, and inferences to:

Inform you of our new products, services and offers;

Provide you with targeted advertising;

Run contests, promotions and sweepstakes;

Provide you with other information from and about Hammer Chat, including personalized marketing communications;

Help us measure and understand site metrics, such as website traffic and its sources and conversions in order to gauge the effectiveness of online advertising;

Personalize your experience and to deliver you content and offers relevant to your interests, including targeted offers and ads through This Website, on third-party sites, and via email and text message (each with your prior express consent, where required by law), in-app push notifications, or other similar means; and Provide you with communications or notices regarding Website and Services operations, our products or services, or happenings that may be of interest to you.

Maintenance and Improvement of This Website and the Services: We use your contact information, commercial information, audiovisual information, and internet activity and browsing history to:

Provide you with This Website and the Services, including to send you alerts about your account;

Handle your customer services requests;

Help us diagnose technical and service problems and administer This Website and the Services;Help us to monitor and improve this Website’s and the Services’ performance and to make it easier for you and other users to use and manage features and programs made available through this Website and the Services;

Help us to better understand the functionality of our mobile applications on your phone;

To provide support, personalize and develop this Website or the Services;

For feature testing, research, analysis, evaluation and product development, including to develop and improve this Website and the Services;

To provide you with support and to respond to your feedback, suggestions, and inquiries, including to investigate complaints and address your concerns about content that violates our policies, or to improve content quality and accuracy, as well as to monitor and improve our responses.

Review and content creation purposes: We use your contact information, commercial information, and audio and visual information to enable reviews of our products and to display content that you have created and allowed us to display on this Website and the Services and on social media.

Security and Fraud Prevention: We use your contact information, other identifying information, commercial information, financial information, geolocation data, audiovisual information, internet activity and browsing history, and inferences to:

Protect this Website, the Services, databases and other technology assets;

Protect Hammer Chat and our business;

Minimize or prevent fraudulent or bot traffic;

Detect and prevent malicious, deceptive, fraudulent or illegal activity on this Website or the Services; Protect the rights, security, and safety of Hammer Chat personnel and users of this Website and the Services; and Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations, or in order to comply with applicable laws, rules and regulations, such as the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property law.

We may collect additional Personal Information for a purpose and use not listed here when, for example, you sign up for a specific Hammer Chat Solution. If necessary, we will provide details of our collection and use of associated data during the sign up process, and get your consent. Hammer Chat will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice, or where required by law, obtaining your consent.

Restricted Scope Data: Notwithstanding any other provision of this Privacy Policy, our use and transfer of information received from Google APIs, including without limitation, Gmail and hammerchat.io (collectively, “Restricted Scope Data”), will adhere to the Google API Services User Data Policy, including the Limited Use requirements. That is, we only use Restricted Scope Data to provide or improve your experience or use of Gmail though this Website or the Services. We do not use Restricted Scope Data to serve you advertisements or for any other purpose not listed here. Moreover, unless required for security purposes or to comply with applicable laws, no humans will have the availability to read Restricted Scope Data.

Categories of Third Parties We Share Personal Information With Service Providers

From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, and marketing and promotions. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to help protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

Our Affiliates or Subsidiaries

We may share Personal Information with businesses controlling, controlled by, or under common control with Hammer Chat, where such affiliates or subsidiaries are acting as our Service Provider, or where required by law.

Third Parties

We may share Personal Information with a third party if you specifically authorize it, or it is required in order to complete a transaction, service or activity that you initiated or requested. Note: In such case, the collection and processing of your Personal Information may be subject to the privacy policy of such third party.

Corporate Transactions

If Hammer Chat is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information in connection with such transaction.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of Hammer Chat or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Restricted Scope Data: As stated above, notwithstanding any other provision of this Privacy Policy, our transfer or disclosure of Restricted Scope Data will adhere to the Google API Services User Data Policy, including the Limited Use requirements. That is, we only share or transfer Restricted Scope Data for the following purposes: (1) as necessary to provide or improve your experience or use of Gmail through This Website or the Services; (2) to comply with applicable laws; or (3) as part of a merger, acquisition, or sale of assets by us. We do not transfer Restricted Scope Data to serve you advertisements or for any other purpose not listed here.

Cookies

We use cookies (a small text file placed on your computer to identify your computer and web browser) and may use anonymous identifiers (a random string of characters that is used for the same purposes as a cookie). We use cookies and other similar technologies to analyze use of and improve This Website and the Services and as described in the Advertising and Online Tracking Section of this Privacy Policy. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, however, certain features of This Website or the Services may not work if you delete or disable cookies. Some of our Service Providers may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.

We use third-party data analytics tools to analyze how users use the App and Services. For example, we use Google Analytics to provide statistics and analytical tools to analyze how users use the Website. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

Advertising and Online Tracking

We may place advertisements and allow third-party companies to serve ads and collect certain information when you visit this Website or use the Services. These companies may use certain information (e.g. click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this Website and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie to collect this information. Our systems do not recognize browser “Do Not Track” signals, but several of our Service Providers who utilize these cookies on this Website enable you to opt out of targeted advertising practices. To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org or www.aboutads.info/choices/ (for US residents) or https://youradchoices.ca (for Canadian residents). We also provide you with additional tools to opt out of marketing from us. You can learn about this in the “Managing Your Information Preferences” section of this Privacy Policy.

Managing Your Information Preferences

You can opt out of receiving marketing e-mails from us by following the Unsubscribe link provided at the bottom of all marketing e-mails you receive from us. You are able to opt out of receiving marketing e-mails from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account.

Managing Your Personal Information

If you use an available capability on this Website or through the Services to register with us and create a profile, at any time after you register and create a profile, you may review and request changes to any personally identifiable information you provided through the registration form, by signing in to view and update your profile within the application and, depending on the site or Service, either self-deleting such information and/or your account or requesting that we delete it.

Be Careful When You Share Information with Others

Please be aware that whenever you share information on any public area of this Website or the Services, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications. We cannot control and are not responsible for what such third parties may do with your information, so you should exercise caution when choosing to share it.

Security

We maintain physical, electronic, and procedural safeguards to help protect the confidentiality and security of information transmitted to us. It is also important for you to protect against unauthorized access of any account password or your computer. Personal information may be accessed by persons within our organization, or other entities described in this Privacy Policy, or our third-party service providers, who require such access to carry out the purposes described in this Privacy Policy, or as otherwise permitted or required by applicable law.

However, no data transmission over the Internet or other network can be guaranteed to be 100% secure, and no security measures can provide absolute protection. As a result, while we strive to protect information transmitted on or through this Website or the Services, we cannot and do not guarantee the security of any information you transmit on or through this Website or the Services or that you otherwise provide to us, and you do so at your own risk.

Links

This Website and the Services may contain links to other websites or allow others to send you such links. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites and are not responsible for their practices. You access such third-party websites or content at your own risk. You should always read the privacy policy of a third-party website before providing any information to the website.

Children’s Privacy

This Website and the Services are intended for and directed to a general adult audience. We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child, we will delete such information from our records.

Processing Location

Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. Please be advised that we store all information in the United States. Additionally, we may process information in multiple locations, including without limitation, the United States, Australia, Canada, India, Israel, Italy, Mexico, the Netherlands, Poland, and the Philippines. The laws in these countries may not be as protective of your privacy as those in your location. Personal information processed and stored in another country may be subject to disclosure or access requests by the governments, courts or law enforcement or regulatory agencies in that country according to its laws. By using This Website or Services, you are agreeing to the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States and/or the applicable country of processing. If you have any questions regarding international data transfers, you may contact us using the contact information we provide below.

Notice to California Residents/Your California Privacy Rights

If you are a California resident, you may have certain privacy rights under the California Consumer Privacy Act (“CCPA Rights”). This section describes those rights and how you can exercise them with Hammer Chat.

Right to Know

You can request what Personal Information we have collected about you in the preceding 12 months.

You can request the specific pieces of Personal Information we have collected about you.

You can also request the following categories of information:

The categories of Personal Information we have collected about you.

The categories of sources from which the Personal Information was collected.

The business or commercial purpose for collecting or selling the Personal Information.

The categories of third parties with whom we shared Personal Information.

Right to Deletion

You can also request that we delete your Personal Information. We may not delete all of your Personal Information if one of the following exceptions applies:

Transactional: to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or perform a contract we have with you;

Security: to detect and prevent data security incidents;

Error Correction: to debug or repair any errors;

Legal: to protect against fraud or illegal activity or to comply with applicable law or a legal obligation, or exercise rights under the law, such as the right to free speech; or

Internal Use: to use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information (i.e. to improve our services).

We will also maintain a record of your CCPA Rights requests.

Please note that if we delete your Personal Information, some of our services will not work the same. For example, your previous opt out requests will not be saved and saved preferences and information will no longer be available.

Exercising your Rights:

To exercise your right to know or delete your Personal Information, submit a verifiable consumer request to us by either:

Calling us at (650) 525-2599

Your verifiable consumer request must:

Provide sufficient identifying information (including full name, postal address, and email address) to allow us to reasonably verify you are the person about whom we collected and retained Personal Information, and/or your authority to make such request on behalf of the data subject, and Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Note that we will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request or to review and comply with the request.

You may authorize someone to act as your agent and submit a request on your behalf. Due to the sensitivity of such requests, you must verify the agent’s authorization before we will act. Accordingly:

You or your agent must supply written permission for a specific agent to act on your behalf; and

We will use your email address to connect directly with you to verify agent identity and authority.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm with a level of confidence appropriate to the sensitivity of the information that the Personal Information we have collected and retained in our systems and databases relates to you.

Making a verifiable consumer request does not require you to create an account with us, but if you have an account with us, we may require you to log-in to such account in order to verify your identity or authority or to provide or delete your information.

Do Not Sell My Personal Information

Personal Information that We Sell

We may “sell” (as sell is defined in CCPA) the following categories of Personal Information:

Identifiers Characteristics of protected classifications under California and federal law;

Internet/electronic activity;

Commercial information; and Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, preferences, behavior and attitudes.

We “sell” your Personal Information to digital advertising networks, who in turn may re-sell such Personal Information. We do not knowingly sell the Personal Information of minors under the age of 16.

Right to Opt Out of Sale

California residents have the right to opt out of the sale of your Personal Information to third parties, as “sale” is defined under CCPA.

Currently, we participate in digital advertising networks to deliver advertising that is tailored to your interests. The participation in certain ad networks can constitute a “sale” of Personal Information under CCPA. To learn more about these advertising practices or to opt out of this type of advertising of your Personal Information, please visit https://optout.aboutads.info/ and https://www.networkadvertising.org/ to optout. You can opt out of the re-sale of your Personal Information by other participants in these digital advertising networks by visiting this site and opting out of each participant’s digital property.

Please note that, otherwise, Hammer Chat does not presently exchange Personal Information for money with anyone, nor does Hammer Chat otherwise share Personal Information within the meaning of “sale.” Also, Hammer Chat does not currently disclose Personal Information to third parties for their direct marketing purposes.

To exercise the right to opt out, you (or your authorized representative) may submit a request to us by emailing us at [email protected] Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back in to Personal Information sales at any time.

Non-Discrimination;

Financial Incentives

We will not discriminate against you for exercising any of your CCPA Rights and we will not deny you goods or services, charge you a different price, or provide you with a lesser quality of goods or services if you exercise any of your CCPA Rights.

However, we may offer various financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Privacy Policy Changes

We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on this Website. Those changes will go into effect on the effective date shown on the revised Privacy Policy. By continuing to use this Website or the Services, you are consenting to the revised Privacy Policy.

Contact Us If you have any questions or concerns or would like to submit a complaint to us, you may Contact Us.

Please print a copy of this privacy policy for your records and PLEASE our Website frequently for any changes.

Terms and Conditions

Payment Terms; Charges and Taxes.You are responsible for paying any applicable fees as set forth on your Order and applicable local, state, provincial, territorial, federal and other taxes or surcharges, including, but not limited to, any applicable Federal Universal Service Fund contributions, sales, goods and services, use, value-added taxes, and harmonized sales tax or provincial sales tax, associated with the Service and your use of the Service, in a timely manner with a valid payment method. To the extent Hammer Chat is obligated to collect such taxes, the applicable tax will be added to your billing account. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments must be made electronically by acceptable payment methods, which are limited to credit card or automated clearing house (ACH). You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, account number, routing number, or expiration date) and to notify

Hammer Chat if your selected payment method is cancelled (e.g., for loss or theft). All fees and charges are nonrefundable (and there are no credits) and are not subject to setoff, except: (a) as expressly set forth herein; and/or (b) as required by Applicable Law.You are responsible for all charges incurred under your Account made by you or anyone who uses your Account. All costs for phone usage, including, without limitation, any domestic or international calls or text messages, made through or via the Service, are your responsibility and you agree to cover all such costs.If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Notwithstanding any other provision in these Terms or an applicable Order, your Account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences with Hammer Chat ; provided, however, that such notice will not affect charges submitted before

Hammer Chat could reasonably act. Hammer Chat reserves the right to change the amount of, or basis for determining, any fees or charges for the Service we provide, and to institute new fees, charges, or terms effective upon prior notice to our customers. You will receive notice of any fee change at least thirty (30) days before the scheduled date of the change. Failure to cancel your account as set forth herein will constitute acceptance of such fee change. Any changes to fees will apply only on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy is to cancel your subscription for the Service. Fees are due in advance and are not refundable in whole or in part; provided, however, you agree that certain charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle. You acknowledge that your subscription to the Service is subject to automatic renewals. You consent to automatic renewal of the Service every month or such other time period as is agreed upon in your Order, and you accept responsibility for all related recurring charges to your applicable payment method without further authorization from you and without further notice, unless required by Applicable Law. You acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if there has been a change in the applicable fees. There are no refunds for Service cancellations. For monthly subscriptions, you must cancel your subscription within the Service at least thirty (30) business days prior to the first day of the next month to avoid being charged the renewal fee for such month. For all other subscriptions, such as annual subscriptions, you must cancel your subscription with Hammer Chat at least thirty (30) business days prior to the first day of the next subscription period to avoid being charged the renewal fee for such subscription period.

Customer may cancel a subscription with a 30-day notice.
If the customer received a discounted price or a promotional deal, he will receive a refund in the amount of 40% from the remaining time.

If the customer purchased a regular price plan, he will recieve a full refund for the remaining time.

Questions, Complaints and Contacts

If you have any questions regarding this Privacy Policy or Terms and Conditions, please contact us at [email protected], or by U.S. mail at the address below:

HAMMER CHAT, LLC.

Attn: Privacy Officer

5214F Diamond Hts Blvd Unit #1757

San Francisco, CA