Privacy Policy

Your Privacy Rights

Effective Date: August 29^th, 2022

This Privacy Policy describes the types of information gathered by Hypefive, Inc. (“Hypefive”, “us” or “we”) in the process of providing this website (https://hypefiveapp.com/) (the “Site”), a software application for mobile devices (the “App”), and the data, services, information, tools, functionality, updates and similar materials (collectively, the “Service”), how we use the information, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information, and our efforts to protect the information you provide to us through the Service.

By using the Service, you hereby consent to allow us to process information in accordance with this Privacy Policy. Please also refer to our https://hypefiveapp.com/terms-of-service, which are incorporated as if fully recited herein. Terms defined in the Terms of Service that are not defined herein shall have the same definition as in the Terms of Service.

This policy is subject to change. If our information retention or usage practices change, we will let you know by posting the Privacy Policy changes on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Privacy Policy (or other method of legal acceptance) means you accept such changes. Please refer to the “Effective Date” above to see when this Policy was last updated.

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Territoriality

Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE SITE AND USING THE SERVICE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND, TO THE EXTENT POSSIBLE, THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

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This Privacy Policy may be subject to the provisions of the EU General Data Protection Regulation ("EU GDPR"), the UK General Data Protection Regulation (“UK-GDPR”, and together with the EU GDPR, the “GDPR”), and other applicable privacy laws. Under the GDPR, Hypefive is a data “Controller.” If you are an individual who resides in the United Kingdom, Northern Ireland, the European Economic Area, or Switzerland (collectively, and for the purposes of this Privacy Policy, the “EEA”), you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.”  We will take commercially reasonable steps to maintain compliance with GDPR. Your Personal Data may identify you as a person, and thus may be referred to in this Privacy Policy as Personally Identifiable Information ("PII").

1. Who Collects Your Information On Our Service?

We do. We collect information from you on the Service, and we are responsible for protection of your information.

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2. What Information Does Hypefive Collect?

A. Personal Information.  We collect certain personal information about you, which may be supplied when you register for the Service, when you create or update an account, when you use the Service, when you request services, when you link your account to the Service, your social media account(s) or devices via our optional integration, or otherwise when you submit such information.   The types of personal information we may collect and save include:

• Name, email address, username, date of birth, gender, mailing address, and other information collected through the Service’s optional social media or device integration; and
• Technical information collected in our logs, such information may include standard web log entries that contain your IP address, first (both session and persistent) and third-party cookies, web beacons, page URL, and timestamp.

You may provide us with information when you interact with us through email, submit a review or a post, or through other use of the Service, including certain location-based features of the App, which utilize your device’s GPS. We may retain such information in order to provide you with services, and you agree that we may share this information as needed with other users in order to resolve any issues that may arise between you and another user of the Service.

The Service may be integrated with third party social media platforms, such as Facebook and Instagram (“Platforms”). If you choose to interact with the Platforms through the Service, the Platforms may make additional Personal Information about you available to us.

The Service may be integrated with third party platforms to access User’s device data, such Garmin and Fitbit. If you choose to interact with the Platforms through the Service, the Platforms may make additional Personal Information about you available to us, including but not limited to geolocation data, internet information or biometric information.

The Service may place calls, send text messages, serve you with targeted advertisements, record photos, audio, and video if you permit such access in order to use certain features of the Service. The Service may also create icons or shortcuts, send you push notifications, and request permission to access your calendar, contacts, photo gallery, camera roll or other device storage area holding your images, audio, and videos in order for you to upload and transmit them through the Service.

The Service may also access the internet or use your mobile data plan in order to use certain features of the Service

Although it may appear as though we collect your financial information, we actually use a third-party payment processor, Stripe, Inc., (“Payment Processor”), which collects your financial PII and process payments for the Service. The Payment Processor may collect information such as banking information or credit card number, name, CVV code or date of expiration, from you on the Service.

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B. Non-personal Information.  Non-personal information is non-personally identifiable or anonymous information about you, including but not limited to links and materials posted, the type of device you used and its operating system, browser information, the pages accessed most frequently, how pages and features are used, time spent on a page, when and how you use the App, applications downloaded, search terms entered, and similar non-personal data.

Automatically tracking Internet Protocol (IP) addresses is one method of automatically collecting information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your device whenever you surf the internet, from which we may be able to approximate your geolocation. Further, the Service may utilize web beacons, pixel tags, third-party cookies, embedded links, and other commonly used information-gathering tools.

If non-personal information is paired to any of your PII, we will treat the non-personal information as if it were also PII.

Part of the purpose of the Service is to share materials you make available. Anything you publicly post will not be considered personal information.

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C. Aggregate Information. We may also collect anonymous, non-identifying and aggregate information, the date and time of any request you make, your language preference, the referring website, the website you go to immediately after visiting our Site, and the domain name of your Internet service provider.

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3. Why Is My Information Being Collected?

We accept and gather information in an effort to provide the Service to you.  We need to collect your personal information so that we can respond to your requests for information or to be added to our email lists at your option, to integrate with Platforms at your option, enforce our Terms of Service, and otherwise provide the Service. We also collect aggregate information to help us better design the Service. We collect log information for monitoring purposes to help us to diagnose problems with our servers, administer the Service, calculate usage levels, and otherwise provide services to you.

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4. How Do We Use the Information We Collect?

A. We use the personal information you provide for the purposes for which you have submitted it, including:

• Internal Uses. We may use your PII to respond to your inquiries, to fulfill your requests for information, track usage trends, conduct usage experiments, develop and improve the Service and other offerings, and perform research and analytics.
• Creating and Maintaining Your Account. We may use your PII to create and maintain an account for you to allow use the Service.
• Paying For the Service. Our Payment Processor will use your PII to process your payment for the Service, to verify that your device is recording a sale, and to confirm your identity when a sale is placed.
• Communicating With You About Our Services. We may use your PII to send you information about new services and other items that may be of interest to you.
• Sending Administrative and Promotional Emails. We may use your PII to send you emails to: (a) confirm your account information and your other PII; (b) confirm registration; (c) provide you with information regarding the Service; (d) inform you of changes to this Privacy Policy, our Terms of Service, or our other terms, conditions, or policies; or (e) provide you with information on our other services and products, or promotions related to the Service or our other services and products.
• Social Media Integration. We may use your PII to, at your request, integrate your social media accounts with the Service, and to provide to you the social media features of the Service.
• Device Integration. We may use your PII to, at your request, integrate your devices activity data with the Service, and to provide to you the activity sharing features of the Service.
• Serve You Targeted Advertisements. We may use your PII to serve you advertisements with the Service that are targeted to your interests.
• Mailing You Something.  From time to time, we may send something relating to the Service including, but not limited to, marketing materials, to you at the address provided.  This is usually done via a third-party carrier and/or the United States Postal Service, with whom we share your PII, which they use to coordinate and deliver these items to you.

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B. We may use anonymous information that we collect to improve the design and content of our Service, and to enable us to personalize your internet experience. We also may use this information in the aggregate to analyze how our Site is used, as well as to offer you programs or services.  We may use any anonymous, aggregate information, which may include or be based on your information, without restriction.

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5. Do We Share Your Personal Information?

We will not share your personal information except: (a) for the purposes for which you provided it; (b) with your consent, such as other users of the Service; (c) as may be required by law or as we think necessary to protect our organization or others from injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); or (d) with persons or organizations with whom we contract to carry out internal operations or business activities. We may also share your personal information with our business partners, such as our marketing partners and event co-hosts.  If we do share your information with our partners, we do so to, among other reasons, fulfill contractual obligations, to grow our business, or improve our Service, and we take steps to protect, and limit their use of, your information.

We may share aggregate information with others, including affiliated and non-affiliated organizations.

Finally, we may transfer your PII to a third party, or our successor-in-interest, in relation to, or in the event of, a merger, acquisition, sale of all or substantially all of our assets, reorganization, bankruptcy, or other change of control.  After such disclosure or transfer, the third party or successor in interest may use the information in accordance with applicable law.

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6. Are There Other Ways My Personal Data Could Be Shared?

You may elect to share certain personal information with individuals or with the public via your use of the Service.  In this case, you will control such sharing via settings that we provide.  For example, the Service may make it possible for you to publicly share information via Platforms such as Facebook, or Instagram.  Be aware that when you choose to share information with friends, or with the public at large, you may be disclosing sensitive information, or information from which sensitive information can be inferred.  Always use caution when sharing information through the Service. You understand and agree that we are not responsible for any consequences of your sharing of information through and beyond the Service.

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7. How Can You Access And Control Your Information?

After becoming a user of the Service, you may revise or edit your information through your Account, or by sending us an email to hypefive@hypefiveapp.com. For instructions on how you can further access your personal information that we have collected, or how to correct errors in such information, please send an e-mail to hypefive@hypefiveapp.com. We will also promptly stop using your information and remove it from our servers and database at any time upon your e-mail request. You may further control your information by opting-out of our using it other than for the primary purpose for which you provided it, and by opting out of promotional emails, simply by emailing us at hypefive@hypefiveapp.com. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections, or removing your information.

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8. How Do We Store and Protect Your Information?

A. After receiving your personal information, we will store it on our servers for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect.  Unfortunately, no data transmission over the internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information, we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers' systems.

B. If you are visiting the Site from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in our servers and internal systems located within the USA.

C. We retain and store your PII until you request us to remove it from our servers. We store our logs and other technical records indefinitely.
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How Do We Use Cookies And Other Network Technologies

9. How Do We Use Cookies And Other Network Technologies?

A. To enhance your online experience with us, our web pages may presently or in the future use "cookies." Cookies are text files that our web server may place on your computer or mobile device to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other PII unless you choose to provide this information to us. Once you choose to provide PII, however, this information may be linked to the data stored in the cookie. Although it may be possible to turn off the collection of cookies through your device or browser, certain features of the Services may not function properly without the aid of cookies.

B. Our Service uses Google Analytics, provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”).  Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends.  This service may collect information regarding the use of other websites, apps and online resources.

We also use the Firebase service from Google in order to derive application behavioral analytics, we use that information to see how users interact with our Site and App.  Firebase is part of the Google Cloud Platform and offers a number of services for developers, and we use the following in our Service:

• Crashlytics is used to gain insight as to what causes crashes within the App, to notify you in the event of a crash, and to help us debug the issue causing a crash using your unique user identifier, which will be deleted 90 days after the crash occurs;
• Google Analytics for Firebase is used to provide us with analytics and attribution information, and will collect your mobile device advertising identifiers (you can restrict the usage of these identifiers through the settings on your mobile device), which will be discarded after 60 days with other information possibly held for up to 14 months.
• Performance Monitoring uses your App installation ID (“IID”) and IP address to calculate the number of unique App installations, which data will be deleted after 30 days.

For more information on how Google uses data when you use our Site, App, or Service, please follow this link: https://policies.google.com/technologies/partner-sites.  You may be able to opt-out of some or all of Google Analytics features by downloading the Google Analytics opt-out browser add-on, available at, https://tools.google.com/dlpage/gaoptout.  For more information about interest-based ads, or to opt-out of having your web browsing information used for behavioral advertising purposes, please visit http://optout.aboutads.info.

C. Hypefive or its service providers may also use "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some of our Site pages and HTML-formatted email messages for purposes of, among other things, compiling aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to website visitors and may be associated with cookies on visitors’ computers or mobile devices. Pixel Tags allow us and our service providers to count users who have visited certain pages of our Site, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can inform the sender of the email whether and when the email has been opened.

D. As you use the internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as "clickstream data”, can be collected and stored by a website's server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to our Site. We may use clickstream data as a form of non-personally identifiable information to determine how much time visitors spend on each page of our Site, how visitors navigate through the Site, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our Site, App and Services.

E. Do Not Track. At present, the Site does not specifically respond to browser do-not-track signals.

10. Collection of Information by Others.

Our Terms of Service document identifies certain third party websites to which we may provide links, and that you may click on our Site or in our Service. This Privacy Policy is only applicable to our Service.  Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.

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11. ‘EEA’ Privacy Rights.

If you currently reside in the EEA, the GDPR applies to your PII and you are a Data Subject.  The GDPR requires that we, as a Controller, have a legal basis to process your PII.  

A. We process your PII under one or more of the following legal bases:

• Processing is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
• To perform the contract that we are about to enter with you (e.g., our Terms of Service);
• To comply with a legal obligation; and/or
• If we have your consent to do so, such consent can be revoked at any time.

B. Under the GDPR, as a Data Subject you have certain rights. They are:

• The right to be informed. This is your right to be informed about what they are processing, why, and who else the data may be passed to.
• The right of access. This is your right to see what data about you is held by us.
• The right to rectification. This is the right to have your data corrected or amended if what is held is incorrect in some way.
• The right to be forgotten. This is the right to have your personal data to be deleted in the event that such data is no longer required for the purposes it was collected for, your consent for the processing of the data is withdrawn, or the data is being unlawfully processed.
• The right to restrict processing. This is the right to ask for a temporary halt to processing of your personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
• The right to data portability. This is the right to ask for your personal data to be provided to you in a structured, commonly used, and machine-readable format.
• The right to object. This is the right to object to further processing your personal data if such processing is inconsistent with the primary purposes for which it was collected.
• Rights in relation to automated decision making and profiling. This is the right to not be subject to a decision based solely on automated processing. The Service does not engage in automated decision making and profiling.

You can find instructions for enforcing some of these rights elsewhere in this Privacy Policy. Otherwise, if you wish to find out more about these rights, please contact us at hypefive@hypefiveapp.com.

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12. Children and Young People’s Information.

We do not knowingly collect any information from any minors, and we comply with all applicable privacy laws including the GDPR, the Children's Online Privacy Protection Act (“COPPA”), and associated Federal Trade Commission (“FTC”) rules for collecting personal information from minors. Please see the FTC's website (www.ftc.gov) for more information. If you have concerns about this Site, wish to find out if your child has accessed our services, or wish to remove your child's personal information from our servers, please contact us at hypefive@hypefiveapp.com. Our Site will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian. In the event that we discover that a child under the age of 13 has provided PII to us, we will make efforts to delete the child’s information in accordance with the COPPA. If you believe that your child under 13 has gained access to our Site without your permission, please contact us at hypefive@hypefiveapp.com.

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13. California Privacy Rights

California law allows California residents to request information regarding our disclosures to third parties in the prior calendar year, if any, of their personally identifiable information. To make such a request, please contact us at hypefive@hypefiveapp.com with "Request for Privacy Information" in the subject line. Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.

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14. Contact Information

If you have any questions or suggestions regarding our Privacy Policy, please contact us via e-mail at hypefive@hypefiveapp.com.

Copyright © Hypefive, Inc. All rights reserved. The Service is the property of Hypefive, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Service, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.