Privacy Policy

Last Modified: April 15th, 2023

General Information

At Hedgehog, LLC, safeguarding your privacy and personal information is of utmost importance to us. When you access our Services, products, or this website (referred to as “Site”), we collect and use your information, and this privacy policy (referred to as “Policy”) outlines the details of how we do so.

As this Policy may be revised, we encourage you to review it periodically. Any revisions will be published at this URL and will take effect immediately. Your continued use of this Site after the changes will constitute your acceptance of the updated Policy. If you do not agree with the terms of this Policy, please refrain from using this Site or providing any information to us. For terms not defined in this Policy, refer to our Terms of Service available here: https://hedgehog.email/terms-of-service.

Restrictions

This Policy pertains to your use of our Services and access to this Site. Please note that our Site is not targeted towards individuals under the age of 18 and is not intended for their use. We do not intentionally gather or employ Personal Data from users who we suspect are under 18 years of age.

Personal Data Collected 

The Personal Data (as defined below) and Other Data (also defined below) that we collect depend on the nature of your interaction with this Site and your use of our Services. Generally, we collect Personal Data and Other Data in the following ways.

Personal Data is information that can identify or be used to contact you, such as your name, email address, usage data, and unique device identifiers (“Personal Data”). We may need to collect and process Personal Data to provide you with requested information, products, or Services through this Site, or because we are legally required to do so.

Account Registration. If registration is necessary for this Site, we will request Personal Data from you, including your name, email address, company affiliation (if any), and similar information. This information must be kept on this Site and is accessible to anyone with whom you share your username and password. Therefore, please safeguard your username and password and refrain from disclosing them to anyone else.

Voluntary Disclosure. We may collect Personal Data provided voluntarily by you through emails to this Site, online forms, order and registration forms, surveys, participation in promotions, phone calls, online chats with our customer service, and other means.

Payment Services. We may use third-party Payment Services to collect payments made through this Site. If you choose to make a payment through this Site, you may be directed to a Payment Service-hosted webpage, not ours. Any Personal Data provided through a Payment Service page will be collected by the Payment Service, not us, and will be subject to the Payment Service’s privacy policy, not this Policy. We have no control over Payment Service’s use of information collected through the Payment Service page.

Log data. We may collect log data, such as network and connection information (including Internet Service Provider (ISP) and Internet Protocol (IP) addresses), device and browser identifiers and information (including device, application, or browser type, version, plug-in type and version, operating system, user agent, language and time zone settings, and other technical information), advertising identifiers, cookie identifiers and information, and similar data.

Usage information. We may collect usage metrics (including usage rates, occurrences of technical errors, diagnostic reports, settings preferences, backup information), content interactions (including searches, views, downloads, and prints), and user journey history (including clickstreams and page navigation, URLs, timestamps, content viewed or searched for, page response times, page interaction, and similar data).

Other Means. We may collect information through various other means, including from selected third-party business partners who work with us in relation to our Services and that we may utilize to deliver certain content, products, or Services or to enhance your experience. From time to time, we may also acquire from third parties certain lists containing the names and contact information of individuals who may be interested in our Services.

Please do not send or disclose any sensitive Personal Data (such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) to us through this Site or otherwise.

Use and Disclosure of Personal Data 

Our primary objective in collecting, using, and sharing your information is to enhance and improve our Services. Therefore, we will only use Personal Data for legitimate business purposes, which may include:

Fulfillment of Requests. We may use your Personal Data (a) to provide you with products and Services, (b) to supply you with information about the products and Services you have ordered, (c) for internal research and development purposes, (d) to fix a technical issue or to ensure the operation and maintenance of this Site by employees, agents, and contractors, (e) to detect and prevent fraud and abuse and ensure the safety and protection of all customers and others, such as verifying the existence or condition of your account, (f) to adhere to the law and our legal obligations, including responding to a request or order from a court, regulator, or government authority, and (g) to effectuate the sale, merger, acquisition, or other disposition of our assets or business (including in connection with any bankruptcy or similar proceedings). We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

Other Communications. From time to time, we may use your Personal Data to keep you informed of products, programs, Services, and promotions that we believe may interest you. If you or your employer is one of our customers, we may also inform you of such products, programs, Services, and promotions using Personal Data that you or your employer have provided to us. If you prefer not to receive electronic marketing messages from us, please refer to the “opt-out” section below.

Promotions. We may conduct sweepstakes, contests, and similar promotions (referred to as “Promotions”). When you participate in a Promotion, we usually ask you to provide certain Personal Data when you enter and, if applicable, win the Promotion. Please review the rules of each Promotion in which you participate, as they may contain additional critical information about our use of Personal Data. In case the terms and conditions of such rules concerning the handling of your Personal Data conflict with this Policy, the terms and conditions of such rules shall govern. We use this information to conduct the Promotions.

Other Business Purposes. We may also use your Personal Data for other business purposes, such as data analysis (for example, to enhance the efficiency of our Site and Services), editorial and feedback purposes, providing customer support, customizing and improving the content and layout of this Site, completing business transactions (for example, to confirm that the requested content is received by users), developing marketing and promotion plans and materials, statistical analysis of user behavior (for example, to comprehend what parts of this Site are of most interest to users), product development, market research, administering individual accounts, and meeting government regulatory requirements such as sales tax collection, audits, and more. We may also use Personal Data of journalist/media contacts for press release distribution or sharing other newsworthy developments related to our business activities. We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

Administrative Communications. We may use Personal Data to send you critical information regarding this Site, products, Services, your account status, changes to this Site’s terms of use, this Policy, or any other policies, agreements, or transactions relevant to your use of this Site, products, and/or Services. Because this information may be essential to your use of this Site, products, and/or Services, you may not opt-out of receiving such communications. We will engage in this activity to manage our contractual relationship with you and/or to comply with a legal obligation.

We may disclose Personal Data for the following purposes:

Third-Party Service Providers. We may provide Personal Data to third-party service providers, who provide services to us, including but not limited to, data analysis, order fulfillment, payment processing, and other services.

Affiliate Communications. We may transfer Personal Data among our affiliates to allow our affiliates to contact you regarding products, programs, Services and promotions that they believe may be of interest to you, and such affiliates may otherwise use your Personal Data in accordance with this Policy. If you would prefer not to receive marketing communications from us or our affiliates, please see the “opt-out” section below. We will be the party responsible for jointly-used Personal Data.

Strategic Partners and Co-Branded Sites. From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with us to provide or promote joint products, services, applications, or features (together, “Jointly Offered Items”). These special relationships may include co-branded web sites (“co-branded pages”). Any information, including Personal Data that you provide in connection with one of these Jointly Offered Items, and/or on one of these co-branded pages will be shared with our third-party partners. You should check these third parties’ web sites for information regarding their privacy practices. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES. If you do not want Personal Data about you shared with such third parties, please do not provide Personal Data in connection with the Jointly Offered Items and/or co-branded pages.

Third-Party Data Providers. If you subscribe to one of our products or Services that contains third-party data, we may be required to provide your Personal Data to the third party as part of our reporting obligations. We will only do so if a third-party data provider conditions your receipt of their data on knowing your identity.

Conferences and Events. When you attend a conference or event organized by us, your name and contact information may be shared with other attendees.

Promotions. We may share the Personal Data you provide in connection with Promotions with third-party sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to those Promotions.

Assignment. We may disclose or transfer any and all Personal Data that we collect to an affiliated entity or a third party (and their respective advisors) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

Law Enforcement; Emergencies; Compliance. We may use and disclose Personal Data about you to others as we believe to be appropriate: (a) in compliance with laws, rules, or regulations in any country in which we operates, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from government or public authorities, including government and public authorities outside your country of residence; (d) to enforce our Site’s terms of use; (e) to protect our operations or those of any affiliated entities; (f) to protect the rights, privacy, safety or property of us, our affiliated entities, you, or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personal Data about you to law enforcement agencies to assist them

Collection and Use of Other Data 

In addition to Personal Data, our service providers and we may collect and use other types of data, which we refer to as “Other Data” in this Policy. The following are examples of Other Data:

Monitoring Data. Our service providers and we may collect and/or track Monitoring Data, which includes demographic information, domain names, computer type, browser types, screen resolution, and other statistical data related to the use of this Site. We use Monitoring Data to understand our Site’s user base, to improve and market our Site, and to enhance our other websites and services. Unless combined with Personal Data, Monitoring Data does not personally identify you or any other user, and we may use it for any purpose.

Aggregated Data. We may aggregate Personal Data in a way that does not personally identify you or any other user of this Site. For example, we may use information to calculate the percentage of our users who have a specific telephone area code. We may use such aggregate information for any purpose.

Cookies. To improve the Internet experience on this Site, our service providers and we may use “cookies.” Cookies are data that a web server transfers to an individual’s computer for recordkeeping and other purposes. We use cookies and other technologies to allow users ongoing access to and use of our Site. If you do not want information collected through cookies, you can decline them using your Internet browser. However, disabling cookies may prevent some features of the Site from operating as intended. We may use the following types of cookies:

• Strictly Necessary: These cookies are required for our Services to perform their basic functions, such as allowing registered users to authenticate and perform account-related functions.
• Analytics and Performance: These cookies collect information on how users interact with our Services, including what pages are visited most, and other analytical data. We use this information to improve how our Services function and to understand how users interact with them.
• Functionality: These cookies store preferences set by users, such as account name and language.
• Security: We use these cookies to help identify and prevent potential security risks.
• Advertising: These cookies are used to display relevant advertising to users of our Services and to report on the efficacy of ads served on our Services. They are also used to build user profiles, including showing you ads based on products or Services you’ve viewed or actions you have taken.
• Third-Party / Embedded Content: Services hosted by us may use third-party applications and services to enhance the user experience. As a result, cookies may be set by third parties and used to track online activity. We have no direct control over the information collected by these cookies.

Tools. Our service providers and we may also use various common Internet tools, such as “pixel tags,” “action tags,” “web beacons,” “gif tags,” “JavaScript,” or similar technologies (collectively, “Tools”), in connection with Site pages and email messages in certain formats. These Tools allow us to track Site users’ actions, determine the success of marketing campaigns, and compile statistics about Site usage and response rates. When used in email messages in certain formats, Tools can tell the sender whether and when the email has been opened.

We use cookies and Tools to improve the user experience and customize this Site to individual users. By using cookies and Tools, we may recognize you when you return to this Site and avoid having you register again. We believe that cookies and Tools add value to the user experience.

We may also use programs such as Google Analytics, HubSpot Analytics, and other similar services that use cookies and similar technologies to collect and analyze information about the use of this Site and to report on activities and trends. These programs may also collect information about the use of other websites, apps, and online resources.

To verify that you are a human user, we may use third-party services, and any information collected as part of such verification is subject to the privacy policy of the third-party service provider.

When you visit and interact with this Site, we and our third-party service providers may collect your Internet Protocol (IP) address. Your IP address is a number that is automatically assigned to your computer by your Internet Service Provider (ISP). We use IP addresses to understand how this Site is used by our users, to improve this Site, and to enhance the user experience. Additionally, we may use your IP address to help diagnose problems with our server, to administer our Site, and to determine your approximate location.

Our Advertising

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Security 

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.

Data Integrity; Retention Period  

We will disclose your Personal Information where required to do so by law or subpoena.

Consent 

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Choice; Opt-Out 

If you have any questions about this Privacy Policy, please contact us at [email protected]

Correct; Update; Accessibility; Conflicts

If you wish to review, correct, update, suppress, delete, or limit our use of your previously provided Personal Data, or request an electronic copy of your Personal Data to transmit it to another company (if permitted by applicable law), please send an email to [email protected]. We will respond to your request in accordance with applicable law, and for your safety, we may need to confirm your identity and limit our implementation of your request to the email address used to contact us. We will make every effort to comply with your request promptly, but we may need to retain certain information for record-keeping purposes and to fulfill any ongoing transactions. There may also be residual information that remains within our databases and records, which will not be removed.

We are committed to making this Policy accessible to individuals with disabilities. If you require an alternative format to access this Policy, please send an email to [email protected]. Depending on your interactions with us, we may provide additional privacy statements that describe and govern our use of your personal information. These additional privacy statements will apply to the specific interactions you have with us.

Links

This Site may include links to other Internet web sites, including social media sites and third-party hosted collaboration tools. However, we want to make it clear that we do not control these linked sites. We provide links solely as a convenience, and we do not endorse or have control over the privacy practices or content of these linked sites. If you choose to provide any Personal Data through any third-party web site, or communicate with us using third-party collaboration tools or other social media platforms, your transaction will occur on that third-party website (not this Site), and the Personal Data you provide will be collected by and controlled by the privacy policy of that third party. It is recommended that you familiarize yourself with the privacy policies and practices of any such third parties. It is important to note that this Policy does not address the privacy or information practices of any third parties, including affiliated entities that do not post or link directly to this Policy.

Governing Law and Enforcement of Privacy Policy

This Governing Law and Enforcement of Privacy Policy (“Policy”) is an integral part of the Terms of Service and Privacy Policy of Hedgehog, Inc. (“Hedgehog” or the “Company”). By using our email marketing platform (the “Service”), you agree to be bound by the terms of this Policy. This Policy governs the resolution of disputes that may arise between you and Hedgehog related to your use of the Service, and shall be interpreted in accordance with the laws of the State of California, without regard to conflict of law provisions.

1. Governing Law

This Policy, the Terms of Service, the Privacy Policy, and any other agreements entered into between you and Hedgehog shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction.

2. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to this Policy, the Terms of Service, the Privacy Policy, or your use of the Service (collectively, “Disputes”), you and Hedgehog agree to first attempt to negotiate an informal resolution. To initiate this process, either party may provide written notice to the other party, describing the nature of the Dispute and any proposed resolution. The parties shall engage in good faith negotiations to resolve the Dispute for a period of 30 days from the date of receipt of the written notice.

3. Binding Arbitration

If the parties are unable to resolve the Dispute through informal negotiations within the 30-day period, you and Hedgehog agree that the Dispute shall be resolved exclusively by binding arbitration, conducted by a single neutral arbitrator, in accordance with the rules of the American Arbitration Association (“AAA”). The arbitration shall take place in Orange County, California. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

4. Class Action Waiver

You and Hedgehog agree that any Dispute shall be arbitrated on an individual basis and not consolidated with any other claims or disputes of other parties. You and Hedgehog expressly waive the right to participate as a plaintiff or class member in any purported class action, representative proceeding, or private attorney general action. Unless both you and Hedgehog agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

5. Costs of Arbitration

Each party shall be responsible for its own costs and expenses associated with the arbitration, including attorneys’ fees and expert witness fees, subject to the arbitrator’s authority to award costs and fees to the prevailing party as provided by applicable law.

6. Severability

If any provision of this Policy is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable, or if unenforceable, severed from this Policy. The remaining provisions of this Policy shall continue in full force and effect.

7. Changes to this Policy

Hedgehog reserves the right to amend this Policy from time to time in its sole discretion. Any changes to this Policy will be posted on the Hedgehog website and will be effective immediately upon posting. Your continued use of the Service after any such changes constitutes your acceptance of the amended Policy.

Do Not Track Disclosures

At this time, we do not act on any “Do Not Track” (“DNT”) signals. Please note that some third-party sites may still track your browsing activity. Certain browsers offer a DNT option, which sends a signal to third parties indicating that you do not wish to be tracked.

Data Controller

According to this Policy, you are the Data Controller of your Personal Data. This means that you are the person who has decided the purposes for which and the manner in which any Personal Data is, or will be, processed. We, on the other hand, should only be considered as a processor on your behalf as to any Personal Data that is subject to the requirements of the European Union’s Directive 95/46/EC. To process your data more effectively, we may use the services of various third-party service providers.

Cross Border Transfer of Personal Data

Your Personal Data may be stored and processed in any country where we have facilities or engage service providers. If you access this Site from a location outside the United States, you may transmit information, including Personal Data, to the United States where our servers are located. This information may be transferred within the United States or to other countries outside your country of residence, which may have less comprehensive data protection laws than your country. Information transferred to another country is subject to that country’s laws and may be disclosed or accessed in accordance with those laws. By transferring or allowing information to be transferred to us, you consent to the transfer, processing, and storage of your Personal Data in countries outside your country of residence. In some cases, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may have the right to access your Personal Data.

Contact Us.

If you have any inquiries regarding this Policy or the practices employed by this Site, please feel free to contact us by sending an email to [email protected]