Privacy Policy

Last Modified: December 31, 2016

Hill Holiday LLC (“we,” “us,” “our”) values the trust you place in us when you use the Speak Frankly mobile application and our related website and online services (collectively, “Speak Frankly”). This Privacy Policy describes our collection, use, disclosure, and protection of your information.

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. BY USING SPEAK FRANKLY, YOU ARE ACCEPTING THE TERMS OF THIS PRIVACY POLICY, AND YOU ARE CONSENTING TO OUR COLLECTION, USE, DISCLOSURE, RETENTION, AND PROTECTION OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

If you do not agree to the terms of this Privacy Policy, please do not use Speak Frankly. We may make changes to this Privacy Policy from time to time. We will post any changes to https://franklyapp.io/privacy. Your continued use of Speak Frankly following the posting of any changes will mean you accept those changes.

This Privacy Policy does not apply to information that you may submit to us offline or to third-party websites and mobile applications. We are not responsible for the actions or privacy practices of third parties; please consult those websites and applications directly to understand their privacy practices.

Under applicable laws, Speak Frankly is required to collect, use and disclose personal information only by lawful and fair means. To ensure this accountability, we have developed this Privacy Policy, and trained our staff about our policies and practices.

Information We Collect About You

We collect, process and retain information from you and any devices you may use when you use or interact with Speak Frankly, and in other ways described below.

Information You Give Us: We receive and store information you enter on Speak Frankly or give us in any other way, including your name, email address and other contact information, your responses to our survey questions and other queries, content (photos, video, audio) that you upload to Speak Frankly and other information you provide.

Information We Automatically Collect: We collect information about your use of Speak Frankly, such as the screens you view and other interactions you have. We receive and store certain types of information whenever you interact with Speak Frankly. Speak Frankly may use “cookies,” tagging and other tracking technologies to help enable us to enhance or personalize your experience. This information includes computer and connection information such as statistics on your page views, traffic to and from, referral URL, ad data, your IP address, and device identifiers. This information also may include your browsing history and your web log information.

Location Information: When you use Speak Frankly or submit pictures or videos to Speak Frankly, we may receive information about your location or the locations where the pictures or videos were taken. We will only collect precise geo-location information from your device with your consent.

Information From Social Media: When you interact with Speak Frankly on a social media platform, we may collect the personal information that you make available to us on that page, including your account ID or username and other information included in your posts.

Information From Other Sources: We may supplement the personal information we collect with information from third parties and add it to your profile information.

how we Use your information

We may use information you provide or that we have obtained via Speak Frankly to create recommendations, analyses and insights, which we may provide to our clients or other third parties. We may also use information you provide or that we obtain to help us personalize and continually improve your experience on Speak Frankly, including fulfilling requests for information, analyzing and compiling trends and statistics, and communicating with you. For information about how to manage information you provide and the choices you have, see the Your Choices About How Your Information Is Used and Shared section below.

We also may use information you provide or that we obtain to:

· provide, maintain, and improve Speak Frankly and for our internal and other business purposes;

· track and evaluate the use of Speak Frankly, including statistical, demographic, and marketing analyses of users of Speak Frankly;

· optimize and improve Speak Frankly; and

· detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal.

We also may use or combine information that we collect offline or we collect or receive from third-party sources for many reasons, including to enhance, expand, and check the accuracy of our records. Additionally, information collected from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.

We will retain your personal information in our systems for as long as reasonably required to satisfy the purposes for which we have collected the information, or as required by law, whichever is longer. This means we will retain your information both while you are an active user of Speak Frankly and after you cease to be an active user.

COOKIES AND TRACKING TECHNOLOGY

We use tracking technologies such as cookies, web beacons, device identifier and similar technologies to record your preferences, and track the use of Speak Frankly. We may also use these technologies to monitor traffic, improve Speak Frankly, and make it easier to use and more relevant. Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of Speak Frankly may not work or may not work as designed. In addition, you may be able to reset your device identifier or limit tracking in the settings of your device.

Some content or applications on Speak Frankly may be served by unaffiliated third parties. We do not control these third parties’ tracking technologies or how they may be used. We are not responsible for the content or privacy practices on any website not operated by us.

Your browser or device may include “Do Not Track” functionality. Our information collection and disclosure practices and the choices that we provide to visitors will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.

We use Google Analytics, a web analytics service provided by Google, Inc., and other third-party analytics service providers on Speak Frankly. These analytics service providers use cookies or other tracking technologies to help us analyze how users interact with and use Speak Frankly, compile reports about activity on Speak Frankly, and provide us other services. The technologies may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. Speak Frankly does not use these analytics service providers to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google click here.

how we share your information with others

We share your personal information with third parties as described below. In addition, we may share information that does not specifically and personally identify you, such as aggregate information, device identifiers or other unique identifiers to third parties. For information about how to manage information and the choices you have regarding such information, see the Your Choices About How Your Information Is Used and Shared section below.

Sharing of Analyses with Clients and Other Third Parties: We provide to our clients and other third parties recommendations, analyses and insights. Such recommendations, analyses and insights may incorporate or be derived from information you have provided and will be aggregated with information provided by others and/or de-identified.

Third-Party Service Providers: We engage third-party service providers to perform functions on our behalf. These third parties may have access to personal information about you when needed to perform their functions.For our Canadian users, our Privacy Officer (whose contact information is provided at the end of this Privacy Policy), can provide further information about our policies and practices regarding service providers located outside of Canada and further information about how these service providers collect, use, disclose and store personal information on our behalf.

Sale, Assignment or Change of Control: In the event we go through a business transition such as a merger, acquisition, bankruptcy, reorganization or sale of all or a portion of our assets, information you have provided or that we have obtained may be sold or transferred as part of that transaction. In such event, we will use reasonable efforts to ensure that the counterparties and their professional advisors are required to maintain your personal information as confidential and that any successor to our business may only use and disclose your personal information for those purposes for which you have provided consent to us. You acknowledge that such transfers may occur and are permitted by this Privacy Policy and that the new entity may continue to process your information. Following such a business transition, you may contact the entity to which we disclosed your personal information with an inquiry concerning the processing of that information.

Law Enforcement, Legal Process, and Emergency Situations: We may also use or disclose your personal information if required to do so by law or on the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us; (b) protect and defend our rights or property or our users, or (c) act to protect the personal safety of us, users of Speak Frankly or the public. Please note that personal information in our custody and in the custody of our service providers may be subject to access by law enforcement authorities in those jurisdictions where the applicable entity or data is located.

how to Access and Modify your information

If you would like to request access, modification, or correction of personal information that you have provided to us or that you believe we may have collected about you, please contact us at FranklyApp@hhcc.com. You will not be permitted to examine the personal information of any other person or entity. In order to verify your identity, you may be required to provide us with personal information prior to accessing any records containing information about you. We may not accommodate a request to change personal information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.

Your choices about how your information is used and shared

If you provide your consent to the collection, use and disclosure of your personal information as set out in this Privacy Policy, we will be able to provide you with access to Speak Frankly. You are free to withdraw your consent at any time. However, if you choose to withdraw consent, Speak Frankly may not operate as intended and may not be accessible to you. For more information, or if you have questions about the withdrawal of your consent, please contact our Privacy Officer at the contact details provided at the end of this Privacy Policy.

Marketing Emails: When you register with Speak Frankly you are required to provide us with an accurate e-mail address through which we may contact you. While you cannot opt-out of receiving notifications and other communications regarding your account, you can opt-out of receiving promotional and other marketing emails from us by using the “unsubscribe” feature in our marketing e-mails.

Marketing Materials: In addition, consumers located in Canada may opt-out of receiving our marketing materials that are directed specifically to you, including direct mail, by contacting us directly at FranklyApp@hhcc.com. Please include “Canadian Marketing Opt-Out” in the subject line of your message.

Location Tracking: Most mobile devices allow you to control or disable the use of precise location services by any application on your mobile device through the device’s settings’ menu.

Online Tracking: You also have choices to limit some tracking mechanisms that collect information when you use Speak Frankly. Many web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. If you choose to decline cookies, certain features of Speak Frankly may not function properly or remain accessible to you.

How We Secure Your Information

We take reasonable security measures to help protect the personal information collected through Speak Frankly. Please understand, however, that while we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

You can help protect the privacy of your own information by using encryption and other techniques to prevent unauthorized interception of your personal information. You are responsible for the security of your information that you transmit to us or view, download, or otherwise access when using unencrypted, public or otherwise unsecured networks.

CONFIDENTIAL INFORMATION

In the course of using Speak Frankly, we may disclose or you may have access to certain non-public, proprietary and/or confidential information regarding our clients (the “Confidential Information”). All intellectual property and proprietary rights with respect to the Confidential Information are and shall remain the property of Speak Frankly or our clients. You agree not to duplicate, store, disclose, transmit or otherwise disseminate any Confidential Information to anyone else or use any Confidential Information for your own benefit or that of any third party.

Other Important Information

Users Under Thirteen: Speak Frankly is intended for users ages 18 and older only. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 13. If we become aware of personal information in our database that was collected from a child under 13, we will delete such information.

Users Outside of the United States: If you use Speak Frankly outside of the United States, you understand and consent to the transfer of your personal information to, and the collection, processing, and storage of your personal information in, the United States and elsewhere. The laws in the U.S. and these countries regarding personal information may be different than the laws of your state or country.

Your California Privacy Rights: We do not disclose your personal information to third parties for the third parties’ direct marketing purposes.

Questions or Report a Problem

For questions about our Privacy Policy, you can contact our Privacy Officer by email at FranklyApp@hhcc.com.