Humm.ly, Inc. ("Humm.ly," "us" or "we") is committed to protecting and respecting your privacy in connection with
your use of our website, humm.ly (the "Website(s)"), applications ("Apps") and other products, services and features
of our Website and Apps (collectively referred to as the "Service(s)").
We are providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information
that, including Personally Identifiable Information (as defined below), we receive through our Services. This
Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible
through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized
terms used in this Privacy Policy have the same meanings as in our Terms of Service. Please make sure that you
have read and understand our Terms of Service, which are incorporated by reference.
We reserve the right to update or modify this Privacy Policy from time to time. If we make any material changes to
this Privacy Policy or the way we use, share or collect your information, we will notify you of such changes
by posting them on the Services or by sending you an email or other notification, and we will update the "Last
Updated" date above to indicate when those changes will become effective.
By accessing our Service, you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy
Policy, please do not use our Services. Each time you use our Services, the current version of the Privacy Policy
will apply. Accordingly, whenever you use our Services, you should check the "Last Updated" date of this Privacy
Policy and review any changes since the last version. This Privacy Policy is applicable to all visitors, registered
users and all other users of our Services.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on
how to contact us.
Collection of Information
Information Collected or Received from You
When you use our Services, we collect information (i) that you knowingly and voluntarily provide when you use our Services
(such as through forms or profile screens) including registration/account setup information, and (ii) that we
are able to collect from your web browser, cookies and other similar technologies. The information we collect
may include Personally Identifiable Information.
"Personally Identifiable Information" or "PII" means information that alone or in combination with other information may
be used to readily identify, contact, or locate you, such as your name, address, email address, or phone number.
We do not consider PII to include information that has been aggregated and/or de-identified so that it does not
allow a third party to easily identify a specific individual.
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the
Services (including your account, if you are an account holder), and to enable you to enjoy and easily navigate
our Service.
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the
Services (including your account, if you are an account holder), and to enable you to enjoy and easily navigate
our Service.
Register to use the Services;
Log in with social networking
Submit information to us when you use the Services; and
Communicate with us.
We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology
as you use the Services.
Account Information
If you create a user account (an "Account"), we will collect certain PII that can be used to identify you, such as
your name and email address. If you create an Account using your login credentials from your Facebook Account,
we will be able to access and collect your name and email address and other PII that your privacy settings on
your Facebook Account permit us to access. We may also collect your gender, age or date of birth, zip code and
other information that is not considered PII because it cannot be used by itself to identify you.
Information From or About Others
We may also collect and store PII about other people that you provide to us, as well as information about you provided by
others. If you or other users use our Services to upload, share and/or distribute content (including videos,
comments or other submissions), and such content contains PII about you or others, such information may be stored
in order to allow for such uploading, sharing and/or distribution. As a requirement to use our Services, you
acknowledge that you have the appropriate consent(s) from any individual to share their PII with us.
Information Related to Use of the Service
Our servers automatically record certain information about how a person uses our Services (we refer to this information
as "Log Data"), including both Account holders and non-Account holders (either, a "User"). Log Data may include
information such as a user's Internet Protocol (IP) address, browser type, operating system, the web page that
a user was visiting before accessing our Services, the pages or features of our Services to which a user browsed
and the time spent on those pages or features, search terms, the links on our Service that a user clicked on
and other statistics. We use Log Data to administer the Services, and we analyze (and may engage third parties
to analyze) Log Data to improve, customize and enhance our Services by expanding its features and functionality
and tailoring it to our users' needs and preferences.
Information From Apple HealthKit and Other Health Apps
If you choose to provide us with access to certain PII stored by Apple HealthKit or other health apps, we can access and
collect that PII. The PII to which we have access is controlled by your privacy settings with such health apps.
We use data from these apps to improve our Services to you (such as using it to improve our content and suggest
suitable episodes for you) and to track your activity.
Information Sent by Your Mobile Device
We collect certain information that your mobile device sends when you use our Services, like a device identifier, user settings
and the operating system of your device, as well as information about your use of our Services.
Location Information
When you use our App, we may collect and store information about your location by converting your IP address into
a rough geolocation or by accessing your mobile device's GPS coordinates or coarse location if you enable location
services on your device. We may use location information to improve and personalize our Services for you. If
you do not want us to collect location information, you may disable that feature on your mobile device.
Information Collected by Cookies, Web Beacons and Other Technologies
We may obtain information about you by installing "cookies" on your computer's hard drive. We use cookies to collect
statistical information about the ways visitors use our Services including which pages they visit, which links
they use, and how long they stay on each page. We also may use cookies to create a database of your previous
choices and preferences, saving you time and effort. If you do not wish to receive cookies, you may set your
browser to reject cookies or to alert you when a cookie is placed on your computer. If you limit or disable the
use of cookies when you visit our Website, you may be unable to use the full of the functionality of our Services.
Links to Other Sites
Our Services may contain links to websites and services that are owned or operated by third parties (each, a "Third-Party
Service"). Any information that you provide on or to a Third-Party Services or that is collected by a Third-party
Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner's
or operator's privacy policy. We're not responsible for the content, privacy or security practices and policies
of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies
of all Third-party Services that you access.
Do Not Track Policy
We do not respond to a web browser's "do not track" signals. As such, your navigation of our Services may be tracked
as part of the gathering of quantitative user information described above. If you arrive at our Services by way
of a link from a third party site that does respond to "do not track" requests, the recognition of any "do not
track" request you have initiated will end as soon as you reach our Services.
Use of Information
How Your Information May be Used
We may use PII we collect about you on its own or combine it with other information we have about you to, among other
things:
create user accounts and/or profiles through registration;
perform internal operations, such as tracking and improving the effectiveness of our website, mobile experience,
and marketing efforts;
provide product and/or Service fulfillment, such as creating accounts, managing purchases, payments and more;
personalize user experiences, such as remembering your settings and preferences for things like language, font
size, etc.;
provide support;
resolve disputes;
use the location of your mobile device to prevent fraud or deliver other location-based services that you may
request;
administer a sweepstakes, contest, or similar promotion;
advertise and market our Services and those of our business partners, including to present targeted advertising,
send and assess the effectiveness of advertisements, promotions and offers and determine whether you may
be interested in new products or services;
conduct audits, research and surveys;
receive feedback; and
import your contacts;
Information Shared with Our Services Providers
We may engage third-party service providers to work with us to administer and provide the Services. These third-party
services providers have access to your PII only for the purpose of performing services on our behalf and are
expressly obligated not to disclose or use your PII for any other purpose.
Information Shared with Apple HealthKit and Other Health Apps
If you instruct us to do so, we will share certain of your information with Apple HealthKit and other health apps.
Before you instruct us to share your information with any health apps, please review their privacy policies because
any information that we share with such apps will become subject to these privacy policies. In addition, please
be careful about allowing other users of such health apps to access your information through that service. We
use information obtained through such apps only for the purpose of providing more effective health-related content
in connection with our Services. Humm.ly does not disclose to third parties any information collected from such
health apps except as otherwise explained in this Privacy Policy (such as disclosing information on an anonymized
and aggregated basis or to third-party services providers who have access to your PII only for the purpose of
performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose).
We do not disclose or sell any information shared by such health apps to third party advertisers, data brokers,
or information resellers.
Information Shared with Other Third Parties
We may share your PII, as well as aggregated information and non-identifying information, with third parties for
healthcare industry research and analysis, demographic profiling and other similar purposes in order to better
providing effective Services. Our Services may also allow you to share your PII with social networking websites,
such as Twitter, Facebook and Instagram. We do not share your PII with these social networking sites unless you
direct the Services to share your PII. The use of your PII by any social networking websites will be governed
by their privacy policies, and you may be able to modify your privacy settings on their websites.
Information Disclosed in Connection with Business Transactions
Information that we collect from our users, including PII, is considered to be a business asset. Thus, if we are
acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale, or if our
assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our
assets, including your PII, may be disclosed or transferred to a third party acquirer in connection with the
transaction.
Information Disclosed for Our Protection and the Protection of Others
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law.
We may disclose any information about you, including PII, to government or law enforcement officials or private
parties as we, in our sole discretion, believe necessary or appropriate: (a) to respond to claims, legal process
(including subpoenas), (b) to protect our property, rights and safety and the property, rights and safety of
a third party or the public in general, and (c) to stop any activity that we consider illegal, unethical or legally
actionable activity.
Your Choices
We offer you choices regarding the collection, use and sharing of your PII and we'll respect the choices you make.
Please note that if you decide not to provide us with the PII that we request, you may not be able to access
all of the features of the Services.
Opt-Out
We may periodically send you free newsletters and e-mails that directly promote our Services. When you receive such
promotional communications from us, you will have the opportunity to "opt-out" (either through your account or
by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain
communications regarding the Services and you will not be able to opt out of those communications - e.g., communications
regarding updates to our Terms of Service or this Privacy Policy or information about billing.
Security, Storage and Retention
Security of Your Information
We take reasonable administrative, physical and electronic measures designed to protect the information that we collect
from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however,
that no method of transmitting information over the Internet or storing information is completely secure. Accordingly,
we cannot guarantee the absolute security of any information.
Storage and Transfer of Your Information
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or
other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.
If you're located outside the United States and choose to provide your PII to us, we may transfer your PII to
the United States and process it there. By using our Services, you consent to any such transfer of information.
Retention of Your Information
We will retain your information for as long as your account is active or as needed to provide you with our Service.
If you wish to cancel your account or request that we no longer use your information to provide you Services,
you can contact us as provided below. We will retain and use your information as necessary to comply with our
legal obligations, resolve disputes, and enforce our agreements.
Our Policy Towards Minors and Children
We do not knowingly collect, maintain, or use PII from children under 13 year of age, and no part of the Service is directed
to children under the age of 13. If you learn that your child has provided us with PII without your consent,
you may alert us at
[email protected]. If we learn that we have collected any PII from children under 13, we will promptly take
steps to delete such information and terminate the child's account.
In accordance with California law, minors under the age of 18 residing in California may remove or request and
obtain removal of content and information that they post on the Website or App. In order to remove or to request
and obtain removal of such content and information, the user must follow the instructions provided here
[ https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB568 ]. Users should be
aware that removal of the content and information posted by a minor does not ensure complete or comprehensive
removal of the content or information posted on our Services.
Under certain circumstances, we may not have to comply with the above removal requirements. We also reserve
the right, to the extent permitted by law, to anonymize the posted content or information or to make such content
or information invisible to other users and the public instead of removing or deleting the content or information.
Modifying Your Information
You can access and modify the PII associated with your Account by changing the Settings in the App or contacting us at
[email protected]. If you want us to delete your PII and your Account, please contact us at
[email protected] with your request. We'll take steps to delete your information as soon we can, but some information
may remain in archived/backup copies for our records or as otherwise required by law.
California Rights
FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose
policies relating to the sharing of certain categories of your PII with third parties. If you reside in California
and have provided your PII to us, you may request information about our disclosures of certain categories of
PII to third parties for direct marketing purposes. Such requests must be submitted to us at the following address:
[email protected].
Within thirty (30) days of receiving such a request, we will provide a list of the categories of PII disclosed
to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along
with the names and addresses of those third parties. This request may be made no more than once per calendar
year. We reserve our right not to respond to requests submitted other than to the address specified in this Section.
Questions?
Please contact us at [email protected] if you have any questions about our Privacy Policy.