PRIVACY POLICY

Last updated: November 21, 2022

This Privacy Policy (“Privacy Policy”) describes what information Hespera Media LLC and its affiliates (“our,” “us,” or “we”) collect through our websites, applications, products, and services (collectively, the “Services”), how we use that information, and some of your privacy rights regarding that information.

This Privacy Policy may change from time to time. Please check back frequently for updates.

NOTE: THE SERVICES ARE NOT INTENDED FOR PERSONS UNDER THE AGE OF 18. If you are under the age of 18, please do not use the Services and do not install any mobile applications from the Services on your mobile phone.

1. Collection of Information and Your Privacy Rights

What Information we Collect and How we Collect it

1.1. User Information; Use of Services. We collect information from you when you voluntarily provide it to us or access or use our Services (“User Information”).  We collect information such as (i) how you use the Services (such as, for example, search queries), and (ii) IP address.  

1.2. Device Information. We collect device (such as mobile phone, computer, or tablet) specific information (such as device unique identifier, operating system version, and other mobile network information, such as phone number) when you use the Services. We, or third party service providers who we use to provide services on our behalf, may also collect information such as location data (which may be precise or imprecise), voice and text search queries, and whether mobile phone is powered on or off. We refer to the information referenced in this Section as “Device Information.”

1.3. The information collected within the last twelve (12) months includes:

Category of Information	Examples	Information Collected
Identifiers	An online identifier, Internet Protocol address, or other similar identifiers.	Yes
Categories of personal information described in subdivision (e) of Section 1798.80 of the California Civil Code.	A name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card, or any other financial information, medical information, or health insurance information.	No
Characteristics of protected classifications under California or federal law	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran military status, genetic information (including familial genetic information).	No
Commercial Information	Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Yes
Biometric information	An individual’s physiological, biological or behavioral characteristics, including an individuals deoxyribonucleic acid (DNA), that can be use, singly or in combination with each other or with other identifying data, to establish individual identity, including but not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.	No
Internet or other electronic network activity information	Browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, advertisement.	Yes
Geolocation data	Physical location, position, and movement data.	Yes
Sensory information	Audio, electronic, visual, thermal, olfactory, or similar information.	No
Professional or employment-related information	Present and past employment data.	No
Education information	Education records maintained by educational institutions or third parties on behalf of these institutions.	No
Inferences drawn from any other information	Data reflecting a consumer’s preferences, characteristics, habits, attitudes, predispositions, intelligences, and abilities.	Yes

The categories of information described above are collected from the following categories of sources:

• Directly from you or your agents, such as through your submissions to the Services.
• Directly and indirectly from activity through the Services, such as through your interaction with the Services.
• From third parties that work with us to provide the Services.

1.4. Device Access. If granted permission by you, we use access to a device’s microphone to facilitate voice-enabled search queries and may access your device’s camera, photos, media, and other files. interaction and access to the microphone is user-initiated, and voice queries are not shared with third party apps or providers unless you consent to such.

1.5. Vendor List Information. We may obtain information about you after you provide information to a third party and you permit that party (the “Seller”) to share the information, which we subsequently purchase, license, or otherwise lawfully acquire. Such information may include, but not be limited to, your name, street address, zip code, telephone numbers, birth date, gender, salary range, education, marital status, occupation, industry of employment, personal and online interests, and other information which you provided to the Seller (together, “Vendor List Information”). When acquiring Vendor List Information, we require assurances from the Seller that the Seller has a right to transfer the Vendor List Information to us and that we may lawfully use the Vendor List Information in the manner contemplated.

1.6. Technology Information; User Behaviors Collected with Cookies, Web Beacons, and Other Information. We collect and use information regarding your use of the Service, such as search queries, Internet Protocol address, and what web browser you are using, and use cookie and web beacon technology to associate such information about you with certain of your online behaviors, such as opening or clicking on a particular online advertisement (collectively, “Technology Information”).

(a) Cookies. A cookie is a small amount of data stored on your computer or device that allows us and/or our partners to identify your IP address with corresponding information in our Services database. We and/or our partners may use cookies to track individual responses or views of advertisements and use this information to help predict what other advertisements may be of interest to you and enable you to receive customized advertisements or content. To learn more about how we use cookies and how to remove cookies placed on your computer or device or prevent the placement of cookies on your computer or device, please see Section 6 below and our Cookie Policy, https://newshiveapp.com/cookie-policy/. To learn more about cookies in general, please visit http://www.cookiecentral.com.

(b) Web beacons. A web beacon is programming code used to display an image on a web page and can also transfer an individual users’ identification to a database and associate the individual with previously acquired information about the individual. Web beacons enable us to track certain Web sites you visit or advertisements you view online. Web beacons help determine products or services in which you may be interested and help track online behaviors for marketing purposes. More information about web beacons is available at http://www.webopedia.com/TERM/W/Web_beacon.html.

(c) Where Technology Information is Collected. Technology Information is collected directly from advertisements delivered through the Services or indirectly through third parties that we contract with to display advertisements (“Publishers”). Such advertisements will usually be displayed within one of the following advertising vehicles:

• We may set a cookie on your computer or device when you view advertisements delivered through the Service or on Publisher websites. After a cookie is set, we may track how you interact with the advertisement and the Services or Publisher website (for example, registering, purchasing, browsing, etc.).

• Software Programs. The Services may display banner advertisements in your browser or software programs that you may use.

1.7. Outside Information. We may lawfully receive information about you from third parties, such as information located in public databases (“Outside Information”).

1.8. Information Collected from Minors. MINORS UNDER THE AGE OF 18 SHOULD NOT PROVIDE ANY PERSONAL INFORMATION, INCLUDING THEIR EMAIL ADDRESS, TO US. If we are notified that we have personal information about a minor under the age of 18, that information will be promptly deleted from our database.

1.9. Individual Information. As used herein, “Individual Information” means User Information, Device Information, Vendor List Information, Technology Information, Outside Information, and any other information we lawfully obtain about you.

1.10. Microphone Access. If granted permission by a user, we use access to a device’s microphone to facilitate voice enabled search queries. All interaction and access to the microphone is user initiated and voice queries are not shared with third party apps or providers.

Additional categories of Individual Information will not be collected or used for materially different purposes without first providing you with notice.

2. Use of Information and User Data

How we Use and Share the Information we Collect

2.1. Discretion to Use Information. Information voluntarily provided to us or lawfully obtained by us is our property and may be used by us for any lawful purpose, including the sale, lease or transfer of the information to Publishers, advertisers and data aggregators, for marketing purposes.

2.2. General Uses of Information. Information collected by us is used to:

• Fulfill the purpose for which the information was provided by you.
• Perform activities described to you when collecting your information or as set forth in the California Consumer Privacy Act (“CCPA”).
• Provide you with information, products, or services that have been requested.
• Perform internal and external marketing, including delivery of targeted advertisements and information.
• Carry out obligations and enforce contractual rights.
• Improve the Services, such as through testing, research, analysis, and development.
• Respond to requests from law enforcement and government organizations as required by law, court order, or government regulation.
• Evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets whether on an ongoing basis or as part of a discrete transaction in which collected information is among the assets transferred.

Additional categories of information will not be used for materially different purposes without first providing you with notice.

2.3. Targeted Advertising and Information. We may use Individual Information to target advertising and other information more effectively. When an individual is online, we may use Technology Information to associate an individual with their Individual Information and attempt to show information and advertising for products and services to which you may respond. We may use data collected from a response to one type of advertising or information for targeting advertisements or other information through a different venue. For example, we may notice that you responded to a baseball banner advertisement and use that response to deliver a baseball-related advertisement and other information to you.

2.4. Legal Process. We may disclose Individual Information to respond to subpoenas, court orders, and other legal process as required by law.

2.5. Summary Data. We may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.

2.6. Disclosure and Sale of Information. We may sell or disclose Individual Information for a business purpose. For example, we may provide your information to service providers who perform services on our behalf or to third party advertisers.  In the past twelve (12) months, the following categories of information have been sold or disclosed for a business purpose:

• Identifiers
• Inferences drawn from any other information

3. How we Store and Protect the Information we Receive

3.1. Storage of Individual Information. We store Individual Information on servers or other equipment that has security measures, designed to protect against the loss, misuse, and alteration of the information under our control. We also maintain physical and procedural safeguards designed to protect Individual Information. Notwithstanding such measures, we cannot guarantee that its security measures will prevent Individual Information from being illegally accessed, stolen, or altered.

4. Privacy Practices of Third Parties

4.1. Advertiser Cookies and Web Beacons. Publishers who place advertisements on the Internet may use their own cookies, web beacons and other technology to collect information about you. We do not control Publishers’ use of such technology. We may place cookies of our Publishers or advertisers, who are under contract with us on your computer or device. We provide more information about third party cookies in our Cookie Policy, https://newshiveapp.com/cookie-policy/. This Privacy Policy does not apply to the practices of Publishers or other companies that we do not own or control or to people that we do not employ or manage.

4.2. Links. The Publishers’ websites may contain hypertext links to the websites of third parties. We are not responsible for the privacy practices or the content of such other websites.

4.3. Affiliated Companies that are not Publishers. We may disclose or transfer Individual Information to entities wholly owned or controlled by us, in our discretion.

5. Your Rights in Information and User Data

5.1. Privacy Rights. You have several rights regarding information collected by us. These include:

• The right to know what categories and specific pieces of information are collected, disclosed for a business purpose, or sold by requesting this information from us.
• The right to request deletion of information collected or maintained by us.
• The right to opt-out of the sale of collected information.
• The right not to receive discriminatory treatment by us for choosing to exercise your privacy rights.
• The right to designate an authorized agent for making requests under the CCPA on your behalf.

6. How You May Exercise Your Rights

6.1. Websites. To prevent the display of Publisher or our advertising on a website, do not visit the website. To only prevent us from tracking your behavior on a website, turn off cookies from that website and do not click on or interact with any advertisements. Please note that we do not have a mechanism or process to respond to any “do not track” signals which a web browser may send or receive, other than as described in this section.

6.2. Software Programs. To prevent software programs from displaying advertisements on your computer, uninstall the software program provided by following the instructions included in the privacy policy at the time of installation. Software programs should include an option to uninstall in the “Add/Remove Programs” section of the Windows® operating system, or by visiting the file directory of the installed program and running an uninstaller executable.

6.3. Cookies. Please refer to our Cookie Policy, available here.

6.4. Collected Information. To submit a request to know or delete your collected information, please email us at support@newshiveapp.com. As part of the process of verifying your identity, we will request that you provide us with information accessible to you through the Services. Due to the nature of the information collected, we cannot verify your identity to the degree of certainty required to fulfill requests to know the specific pieces of personal information requested because information collected from you is associated with only two semi-static identifiers. All other information collected from you does not provide a reliable method for verifying your identity. You may opt-out of the sale of personal information by (i) visiting our homepage at https://newshiveapp.com/ and submitting requested information through the “Do Not Sell My Info” link, (ii) emailing us at support@newshiveapp.com or (iii) indicating that you do not wish to have your information sold prior to submitting it through the Services.

6.5. Designating an Agent. To designate an authorized agent to exercise rights on your behalf, please email us at support@newshiveapp.com. We may request information from you in order to verify your identity when designating an authorized agent. We may also ask for your authorized agent to provide a written permission from you giving them authorization and verify their own identity by submitting information requested by us.

7. Additional Information for UK and EU Visitors

If you are a resident of the UK or a European Economic Area (“EEA”) country, we are the controller and responsible for any personal data we collect regarding you. We may access such personal data in the United States, subject to our compliance with our obligations under applicable data protection law (including the UK General Data Protection Regulation and EU General Data Protection Regulation in ensuring adequate safeguards in relation to such transfer). Publishers may use our Services to process data that they collect for their own purposes. Where Publishers use our Services to process data that they collect for their own purposes, we act as a data processor for the Publisher. 

7.1 Transferring Your Personal Data Outside the EU under the General Data Protection Regulation. We may transfer data that we collect from you to locations outside of the UK or the European Economic Area for processing and storing. Also, it may be processed by staff operating outside the UK or the European Economic Area who work for us or for one of our suppliers.

Whenever we transfer your personal data out of the UK or the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK Information Commissioner’s Office or the European Commission.
• Where we use certain service providers, we may use specific contracts approved by the UK Information Commissioner’s Office or the European Commission which give personal data the same protection it has in the UK and Europe.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or the EEA. Data that is provided to us is stored on secure servers.

7.2 Purposes for which we will use your Personal Data. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of Data	Lawful Basis for Processing Including Basis of Legitimate Interest
To register you as a new user of our Services	(a) Identity	Performance of a contract with you
To manage our relationship with you which will include responding to a request to you for information	(a) Identity (b) Contact (c)Transaction (d) Profile	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how users use our Services)
To administer and protect our business and our Services (including trouble shooting, data analysis, testing, system maintenance, support, and reporting and hosting of data)	(a) Identity (b) Contact (c)Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud, and in the context of a business reorganization or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c)Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to study how users use our Services, to develop our Services, to grow our business, and to inform our marketing strategy)
To use data analytics to improve our Services, user relationships, and experiences	(a)Technical (b) Usage	Necessary for our legitimate interests (to define types of users for our Services, to keep our website updated and relevant, to develop our business, and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c)Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to develop our Services and grow our business)

7.3 Your Legal Rights under the General Data Protection Regulation.

Under certain circumstances and in the event you are a data subject based in the UK or the EU, you have rights under the UK General Data Protection Regulation or General Data Protection Regulation, as applicable, in relation to your personal data.

In particular, you have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at the contact details set out below.

No fee usually required. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

7.4 UK Representative for UK Data Subjects.

We have appointed GRCI Law Limited to act as our UK Representative. If you wish to exercise your rights under the UK General Data Protection Regulation (UK GDPR), or have any queries in relation to your rights or privacy matters generally please email our Representative at ukrep@grcilaw.com

Please ensure to include our company name in any correspondence you send to our Representative.

7.5 EU Representative for EU Data Subjects.

We have appointed IT Governance Europe Limited to act as our EU representative. If you wish to exercise your rights under the EU General Data Protection Regulation (EU GDPR), or have any queries in relation to your rights or general privacy matters, please email our Representative at eurep@itgovernance.eu.  Please ensure to include our company name in any correspondence you send to our Representative.  

8. More Information

8.1. For more information about protecting your privacy, you may wish to visit http://www.privacyalliance.org. If you wish to be notified of any updates to this Privacy Policy, please check back frequently as any updates will be posted to this website with a new last updated date. If you have questions about this Privacy Policy and your rights under this Privacy Policy, please email us at support@newshiveapp.com or write to us at:

Hespera Media LLC

Attn: Privacy

24301 Walden Center Dr., Ste. 200I

Bonita Springs, FL 34134 USA