Privacy policy

HOOLEST PERFORMANCE TECHNOLOGIES, INC.

Last Modified: April 27, 2023.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR WEBSITE.

INTRODUCTION

HOOLEST PERFORMANCE TECHNOLOGIES, INC., a Delaware corporation ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website https://hoolest.com, including any subdomains thereof (collectively, our "Website"), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

On this Website;
In email, text, and other electronic messages between you and this Website;
Through mobile and desktop applications you download from this Website, if any, which provide dedicated non-browser-based interaction between you and this Website; and/or
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or otherwise provide any information on this Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@hoolest.com.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Website, including information:

By which you may be personally identified, such as name, company name, position, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");
That is about you but individually does not identify you, such as your trade, specialty, service area, or education; and/or
About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

Directly from you when you provide it to us;
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and/or
From third parties, for example, our business partners.

Information You Provide to Us. The information we collect on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time of subscribing to any our services. We may also ask you for information when you report a problem with our Website;
Records and copies of your correspondence (including email addresses), if you contact us;
Your responses to surveys that we might ask you to complete for research purposes;
Details of transactions you carry out through our Website, if any; and/or
Your search queries on the Website.

You may also provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website, including traffic data and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.

We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See Choices About How We Use and Disclose Your Information for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is statistical data and may include personal information and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns;
Store information about your preferences, allowing us to customize our Website;
Speed up your searches;
Recognize you when you return to our Website;

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Google Analytics. We also use a tool called “Google Analytics” to collect information about use of our Website. Google Analytics collects information including how often you visit the Website and what pages you visit, and what other websites you used prior to coming to the Website. We use the information we get from Google Analytics only to improve the Website and our Services. Google Analytics collects only the IP address assigned to you on the date you visit the Website. We do not combine the information collected through the use of Google Analytics with personal information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the Website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use and Google’s Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to the Website by disabling cookies on your browser. We also may use other analytical tools from time to time.

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

To present our Website and its contents to you;
To provide you with information, products, or services that you request from us;
To fulfill any other purpose for which you provide it;
To provide you with notices about your subscription, if any, including expiration and renewal notices;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To notify you about changes to our Website or any products or services we offer or provide though it;
To allow you to participate in interactive features on our Website;
In any other way we may describe when you provide the information; and/or
For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries and affiliates;
To contractors, service providers, and other third parties we use to support our business;
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred;
To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information;
To fulfill the purpose for which you provide it;
For any other purpose disclosed by us when you provide the information; and/or
With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
To enforce or apply our website and other agreements, including for billing and collection purposes; and/or
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by unchecking the relevant boxes or by sending us an email stating your request to support@hoolest.com.
Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by checking or unchecking the relevant boxes or by sending us an email stating your request to support@hoolest.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also opt-out by checking or unchecking the relevant boxes or by sending us an email stating your request to support@hoolest.com.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by emailing us at support@hoolest.com.

You may also send us an email at support@hoolest.com to correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

DIRECT MARKETING PROGRAM

Overview

Hoolest Performance Technologies, Inc. ("Hoolest") has a direct marketing program (the "Program"), which you can agree to opt-in to subject to these direct marketing terms and conditions ("Program Terms") and the Privacy Policy.

By opting in to or participating in the Program, you accept and agree to these Program Terms. These Program Terms are limited to the Program and are not intended to modify our Terms of Service or Privacy Policy that may govern the relationship between you and us in other contexts.

Purpose

The purpose of the Program is enhance the users online shopping experience.

Without limiting the scope of the Program, users that opt into the Program can expect to receive [SMS/MMS mobile messages & emails] concerning the marketing, promotion, payment, delivery and sale of Hoolest products. Messages may include checkout reminders.

User Opt In

The Program allows users to receive SMS/MMS mobile messages & emails by affirmatively opting into the Program. To opt in a user must provide their details and express consent by clicking a checkbox.

Regardless of the opt-in method you utilized to join the Program, you agree that these Program Terms applies to your participation in the Program. Message frequency varies, but will generally broadcast 4 messages per month.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to these Program Terms, you agree to reply "STOP", "END", "CANCEL", "UNSUBSCRIBE", or "QUIT" to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the "STOP", "END", "CANCEL", "UNSUBSCRIBE" or "QUIT" keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Hoolest and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Cost and Frequency

Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary, but will generally broadcast 4 messages per month. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

Support Instructions

For support regarding the Program, text "HELP" to the number you received messages from or email us at support@hoolest.com. Opt outs must be submitted in accordance with section "User Opt Out" above.

MMS Disclosure

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty

The Program is offered on an "as is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.

Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service.

Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restrictions

You may not use or engage with the Program if you are under thirteen (13) years of age.

If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the Program, or are of adult age in your jurisdiction.

By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction's applicable law to use and/or engage with the Program.

Prohibited Content

You acknowledge and agree to not send any prohibited content when participating in the Program. prohibited content includes:

any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
pirated computer programs, viruses, worms, trojan horses, or other harmful code;
any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
any content that implicates and/or references personal health information that is protected and
any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

YOUR CALIFORNIA PRIVACY RIGHTS

Under California’s “Shine the Light” law, California residents have the right to opt out of disclosing personal information to third parties for the purpose of allowing such third parties to directly market their products and services. If you wish to opt out, you may do so in accordance with the terms set forth in this policy. Under California law (and as a result of your ability to opt out as set forth in this policy), we are not required to maintain or disclose a list of third parties that received your personal information for marketing purposes.

Under the California Consumer Privacy Act (“CCPA”), California consumers have the following rights, which can be exercised directly or in certain cases, through an authorized agent:

Right to Know. California customers have the right to request information about the categories and sources of personal information we collect, our purposes for collecting the information, and the types of third parties that receive that information. Details about our data collection, use and third-party disclosures can be found in this Policy. In addition, they have the right to request a copy of their personal information. They may exercise this right once every twelve (12) months by submitting a request to us at support@hoolest.com
Right to Delete. California customers have the right to request that we delete some or all of the personal information that we have about them, subject to certain exceptions (i.e. information used to provide services, complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights). They may exercise their right to delete by contacting us at support@hoolest.com
Right to Opt-Out of Sale of Personal Information. California customers have the right to opt out of the sale of their personal information, and to request information about whether we have sold their personal information in the past twelve (12) months. We do not sell personal information. Should such change, we will notify users and provide an ability to opt out as required.
Non-Discrimination. We won’t discriminate against anyone because they exercise any rights herein.

To exercise your rights to know and delete, we must be able to verify your identity as the owner of the personal information you are inquiring about. We will not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address associated with the information. An authorized agent submitting a request on your behalf must also have access to the email address associated with the information, along with sufficient evidence that you have authorized that person to submit the request on your behalf.

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored using commercially reasonable security measures. Any payment transactions will be encrypted using commercially reasonable means.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

THIRD PARTY PAYMENT PROCESSING

When you make a purchase through the Website, we may process your payments through a third party payment processor (the “Payment Processor”). The Payment Processor may collect certain financial information from you in order to process a payment, including your name, email address, address and other billing information. In order to delete your payment or billing information, you may need to do so with the Payment Processor, as we only have minimal secure access to those records as needed to provide our products and services.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. We may revise and update this privacy policy from time to time, in our sole and absolute discretion. All changes are effective immediately when we post them. Your continued use of our Website following the posting of revised privacy policy means that you accept and agree to the changes. You are expected to check this page each time you access our Website so you are aware of any changes, as they are binding on you. It is your responsibility to review this privacy policy periodically. If you find THIS PRIVACY POLICY unacceptable or if you do not agree to THIS PRIVACY POLICY, please do not use this Website.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at: support@hoolest.com.

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