Last Updated: March 13, 2018
IMPORTANT – TRANSFER OF DATA AND PERSONAL INFORMATION TO THE U.S.
EU-US and Swiss-US Privacy Shield
Habla’s commitment to comply with the Privacy Shield Principles
Accountability for onward transfers
Habla’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Habla remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Habla proves that it is not responsible for the event giving rise to the damage.
Right of access
You have a legal right to request the personal information about you held by us. On request, we will provide you with a copy of this information. You also have a right to correct, amend or delete such personal information where it is inaccurate or has been processed in violation of the Privacy Shield Principles.
Resolution of disputes and complaint mechanism
In compliance with the Privacy Shield Principles, Habla commits to resolve complaints about your privacy and our collection or use of your personal information. If European Union or Swiss individuals have any queries related to the processing of your personal information under the Privacy Shield framework, we encourage you to contact us directly in the first instance at: firstname.lastname@example.org or Habla Privacy, 205 ½ N Main St., Ann Arbor, MI 48104.
Independent recourse mechanism
In compliance with the EU-US and Swiss-US Privacy Shield Principles, Habla commits to resolve complaints about your privacy and our collection or use of your personal information.
Privacy Shield Compliance
Habla Incorporated ("Habla")
205 ½ N Main St.
Ann Arbor, MI 48104
Habla has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
As further explained in the Privacy Shield Principles, a binding arbitration option before the Privacy Shield Panel will also be made available to you in order to address residual complaints not resolved by any other means.
Habla is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). Please be aware that Habla may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
Information We Collect
“Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, geographic location of your computer or mobile device, telephone number, email address, availability, online video/chat services login, and credit card information, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. We may collect Personal Information from you when you (i) use our mobile apps or visit the Site, (ii) register for Services or create an account or profile (an “Account”), (iii) access the Services through social networking sites or third party services, (iv) subscribe to newsletters; (v) purchase a product or Services on the Site or in our mobile apps (“in-app purchase”); (vi) invite your contacts to visit the Site or join the Services, “share” the Services or Site on social networking sites or perform other similar features; (vii) request technical support; and (viii) otherwise use our mobile apps or online Services where Personal Information is required for such use and/or participation. The Personal Information we collect will vary depending upon the Services you use and may include your name, email address, phone number, birth date, company name, mobile phone number and credit card information.
We may use, depending on the Services, (i) location based on the IP address presented by you, (ii) network-based geo-location data based on proximity of network towers or the location of Wi-Fi networks, and/or (iii) geo-location data based on coordinates obtained from a mobile device’s GPS radio and location services. Your GPS geo-location is not accessed without your consent. If location services are enabled on your mobile device, certain of the Services will passively and automatically send location information to Habla so we can deliver location-specific information on your device and compile your individualized timeline. Please note that disabling location service will not anonymize data already collected and uploaded to our servers.
Information You Provide Us
If you choose to sign up for an Account, we may collect and process certain Personally Identifiable Information that you provide us, such as your full name, photo, birthdate, phone number, online video/chat services login, access to contacts or your availability stored on your mobile device or tablet computer or linked third party account, and e-mail address. We may also retain the contents of any messages you send to us or through the Services, and we may collect information you provide in user content that you post or upload to the Services (“User Content”).
Automatically Collected Information
We may now or in the future receive Personally Identifiable Information about you from third parties. For example, if you access our Site or Services through a third-party connection or log-in, including social networking services such as Google, Facebook, Twitter, Instagram, or LinkedIn, linking your account to the Services, etc., that third party may pass certain information about you or your use of its service to Habla. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook user identification), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Services.
Cookies and Other Technologies
We and our service providers may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means in connection with the Services and HTML-formatted email messages to, among other things, track the actions of users, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates. This information is collected anonymously, in a manner that does not personally identify you.
When you visit and interact with the Site, we and/or third parties with whom we have contracted to provide services to us may collect your Internet Protocol Address (“IP Address”), which is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP Addresses to monitor the regions from which Users navigate the Site and for fraud prevention purposes.
Do Not Track
You may have implemented a “do not track” signal through your browser. As there currently is no fixed standard for do not track signals, we currently do not respond to do not track signals from your web browser
Use of Collected Information
We use non-Personal Information for the above purposes and in addition in order to (i) monitor and analyze use of the Services and for the technical administration of the Site, (ii) improve the Site and the Services, (iii) generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users, and (iv) verify that users of the Services meet the criteria required to process their requests.
We may share or collect your Private Information in collaboration with our third party service providers (“Partners”), including companies that assist with payment processing, business analytics, data processing, account management, providing or enabling certain features in the Services, and other services. We instruct these Partners to not use your Personal Information themselves or share it with another party not under a similar contract to provide service to us, and to only use your Personal Information for the specific services we have requested for us or on your behalf.
If you elect to post something in a public area of our Services or using a feature that enables interaction between users (for example, using our video/chat services, enabling access to your availability information to people in your contact list), any Personally Identifiable Information or content that you voluntarily disclose for posting to the Services, becomes available to the public, as controlled by any applicable privacy settings. If you remove information that you posted to the Services, copies may remain viewable in cached and archived pages of the Services, or if other users have copied or saved that information.
Compliance with Law and Law Enforcement
Links to Other Websites
You may opt-out of receiving communications from us and our partners, remove your information from our database, and choose to not receive future communications unrelated to the Services by contacting us at email@example.com.
When you submit information on the Site, we will include you in marketing correspondence from Habla, which you can opt-out of at any time using the ‘unsubscribe’ option in the email. If you use the Services, we may occasionally contact you with information about special events, sales, activities, promotions, contests, submission opportunities and programs. You always have the option to ask Habla not to contact you with this information again. If you receive unsolicited email from an Habla domain after opting out, please contact us at firstname.lastname@example.org.
We use your Personally Identifiable Information to provide the Services and send you Services-related emails or other emails that we believe may interest you (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Services, technical and security notices). You may not opt out of Services-related e-mails without terminating your Account and access to the Services.
To preserve the integrity of our Services, we may also retain information submitted by Users for an indefinite length of time, even after the termination of your account or your relationship with us as governed by the Terms of Service. We will not share Private Information in backups with third parties unless compelled to by law.
We understand the importance of privacy and security to our users and have made them a priority. Habla uses a variety of industry-standard security technologies and procedures to help protect your personal data from unauthorized access, use, or disclosure and trains Habla employees on privacy and security issues. However, we cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your Personal Information for improper purposes, and we do not promise that your Personal Information or private communications will be protected from unauthorized disclosure or use. Habla is not responsible for the actions of those who obtain your content in this manner. Habla cannot guarantee your safety and security and you should be aware that submitting any information and using the Services is done at your own risk. Please do not provide any privileged information on the Site or when using the Services.
Children’s Privacy and Note to Parents and Guardians
Managing Your Privacy
California Civil Code Section 1798.83 requires certain businesses that share customer personal information with third parties for the third parties’ direct marketing purposes to respond to requests from California customers asking about the businesses’ practices related to such information-sharing. We currently do not share or disclose your Personal Information to third parties for the third parties’ direct marketing purposes. If we change our practices in the future, we will implement an opt-out policy as required under California laws.
All information passed through Habla is primarily handled in the United States but may from time to time be handled in any country in which Habla or its affiliate companies maintain facilities. By using the Services, you agree that the handling of your personal information and any communication through the Services will be governed by the laws of the United States and any applicable state laws.
Requests to Access, Edit, or Delete Information.
You have a right to access your personal information. Please contact us at email@example.com to find out how to access and change information you cannot access. Habla shall, upon request and promptly using commercially reasonable efforts, correct, delete, and/or block Personal Information from further processing and/or use except to the extent required by law. You can request deletion or correction of your Personal Information by contacting Habla at firstname.lastname@example.org.
Notification of Changes
4831-7323-4779, v. 3