U.S. State Consumer Rights Privacy Notice 

Effective Date: January 1, 2020

Last Reviewed on: February 26, 2024

This U.S. State Consumer Rights Privacy Notice supplements the information contained in Hiya’s Privacy Policy and applies solely to all visitors, users, and others who reside in California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia (“consumers” or “you”). We adopt this notice to comply with applicable consumer privacy laws of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia (collectively, “State Privacy Laws”), including without limitation the California Consumer Privacy Act of 2018 (CCPA). Unless otherwise stated, any terms defined in State Privacy Laws have the same meaning when used in this notice. We will continue to evaluate and update this notice as the State Privacy Laws, related regulations, and general understanding of their complexities and ambiguities evolve.

Information We Collect

Our Website and Apps collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, Hiya has collected the following categories of personal information from its consumers within the last twelve (12) months:

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

Do we collect? YES

B. Personal information categories (including those listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

Do we collect? YES (limited to telephone number). 

C. Protected classification characteristics under state or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Do we collect? NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Do we collect? YES, (limited to the record regarding a consumer’s purchase of the Hiya Premium subscription directly from Hiya).

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Do we collect? NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Do we collect? YES

G. Geolocation data.

Physical location or movements.

Do we collect? YES (limited to a phone number’s area code, which may or may not denote a consumer’s general location).

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

Do we collect? YES (to the extent that it is submitted for processing, such as voice recordings and voicemails of screened callers in Call Screener)

I. Professional or employment-related information.

Current or past job history or performance evaluations.

Do we collect? NO

J. Non-public education information

(per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Do we collect? NO

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Do we collect? NO

Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:

• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Hiya obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase, or when you activate the Hiya technology on a new device.
• Indirectly from you. For example, from observing your actions on our Website or when you use our Apps.
• Cellular Carriers. For example, phone numbers, device data, and call metadata.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, and maintain our Website, Apps, and other products.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website or App experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, Apps, products and services, databases and other technology assets, and business.
• Short-term transient uses for testing, research, analysis, and product development (such as aggregating and analyzing the use of our Website), including to develop and improve our Website and Apps.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise permitted under State Privacy Laws.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Hiya's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Hiya about our Website users is among the assets transferred.

Hiya will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosing Personal Information

Hiya may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

     We share your personal information with the following categories of third parties:

• Service providers; and
• Third-party apps and services at your request.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Hiya has disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category D:  Commercial information.
• Category F: Internet or other similar network activity.
• Category G: Geolocation data.
• Category H:  Sensory data.

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers; and
• Third-party apps and services at your request.

Sales or Sharing of Personal Information

State Privacy Laws require that we notify you if we use your personal information to display advertisements to you based on personal information obtained from your activities over time and across nonaffiliated websites or online applications. Specifically, the CCPA requires that we notify you about personal information that we “sell” or “share.” Under the CCPA, “sale” means the disclosure of personal information to third parties in exchange for valuable consideration, while “sharing” means the disclosure of personal information to a third party for cross-context behavioral advertising. 

In the preceding twelve (12) months, Hiya has not “sold” personal information (as defined under State Privacy Laws, including the CCPA) or “shared” personal information (as defined in the CCPA).

Additionally, we do not currently sell data triggering the Nevada Revised Statutes Chapter 603A opt-out requirements. If you have questions regarding any future opt out rights, please contact support@hiya.com.

Your Rights and Choices Under State Privacy Laws

Subject to certain limitations, consumers are granted rights under State Privacy Laws specific rights regarding their personal information. This section describes those consumer rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Hiya disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Correction or Deletion Request Rights

You have the right to request that Hiya correct or delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will correct or delete (and direct our service providers to correct or delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, correction, and deletion rights described above, please submit a verifiable consumer request to us by:

• Visiting https://hiyahelp.zendesk.com/

Only you, or a person authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.  

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. A person identifying themselves as an authorized agent may be required to provide proof of their authorization before processing the request, such as direct confirmation from the consumer or documentation signed by the consumer granting the agent permission to submit the request on behalf of the consumer. 

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of the rights granted by applicable State Privacy Laws. Unless permitted by law, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by law (including, without limitation, the CCPA) that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We currently do not provide financial incentives.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@hiya.com or write to us at: 701 5^th Ave, Suite 1200, Seattle, WA 98104.

Changes to Our Privacy Notice

Hiya reserves the right to amend our privacy notices (including this U.S. State Consumer Rights Privacy Notice) at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Hiya collects and uses your information described below and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Website: https://hiyahelp.zendesk.com/hc/en-us

Email: support@hiya.com

Postal Address: 701 5^th Ave, Suite 1200, Seattle, WA 98104 USA

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