Privacy Policy

Effective: October 4, 2019

Introduction

Hotspring (“Hotspring”, or “we”, “us” or “our”) provides an online platform and advertising services on the Hotspring Platform (the platform and services, the “Hotspring Platform” and “Hotspring Services”) which allow registered members of the Hotspring Platform to advertise, bid for and conduct projects online for content within the Hotspring Platform.  

This Privacy Policy explains how Hotspring collects, uses and shares your personal information and other information when you access the Hotspring website (www.thehotspring.com) (the “Site”) or when you access the Hotspring Platform (app.thehotspring.com) and the Hotspring Services.  We are committed to transparency regarding how we collect, use and share your personal information. You must be at least 18 years old to access and use the Site, the Hotspring Platform and Hotspring Services.  

 This Privacy Policy applies to personal information and other information we collect:  

• On the Site, the Hotspring Platform and Hotspring Services
• In emails, text, and other electronic messages between you and us
• Other products or services offered via the Site or Hotspring Platform, if any

This Privacy Policy does not apply to information collected by us offline or through any other means, including on any other website or online service operated by us (including any affiliates or subsidiaries) or any third party, including through any third-party application or content that may linked to or be accessible from the Site, the Hotspring Platform or Hotspring Services.  

Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information. The Privacy Policy constitutes a binding agreement between our visitors and registered members and Hotspring.  If you do not agree with these terms and conditions, your choice is not to use the Site, Hotspring Platform or Hotspring Services. However, by accessing or using the Site, the Hotspring Platform or Hotspring Services, you agree to the terms and conditions described in the Privacy Policy.   Registered members also must comply with our User agreement, of which this Privacy Policy is incorporated.  As described below, this Privacy Policy may be updated or revised from time-to-time in our sole discretion.         

The Site

Our Site is intended is to provide visitors with basic information about and access to Hotspring’s products and services.  It is not necessary for visitors to provide personal information in order to view our Site, except for certain information that is collected automatically, as described below, or to request a demonstration, free trial, pricing information or other customer information or support.  

The Hotspring Platform and Hotspring Services

Hotspring’s Services are designed to facilitate registered members of the Hotspring Platform to advertise their services and enable participating “Clients” and “Vendors” to bid, place, accept, manage and complete projects for the design and delivery of content and related project management services online within the Hotspring Platform (“Hotspring Projects”).  The Vendor and Client begin a Hotspring Project for products or services by completing, submitting and accepting an order online using the Vendor User agreement on the Hotspring Platform.  The Hotspring Services are only available to registered members, including Clients and Vendors, on the Hotspring Platform.

Use of the Hotspring Platform and Hotspring Services is governed by a separate Service Agreement [link] between Hotspring and its customers (Clients and Vendors) into which this Privacy Policy is incorporated.  If there is a conflict between this Privacy Policy and language in the Service Agreement regarding data privacy and personal information, this Privacy Policy will govern.  

What Personal Information We Collect

Hotspring collects only personal information that is necessary for legitimate business and legal purposes.  Access to your personal information is restricted to those Hotspring personnel who need it to provide requested services and our vendors, suppliers and other third parties that are contractually obligated to protect your personal information.

Information you provide voluntarily.  To view the Site, it is not necessary to provide personal information, although certain information is automatically collected, as described below.  However, if you request a demonstration, a free trial, pricing information, or register for customer support, you will need to provide your name, email, company affiliation (if any), city, and country of location.   

When you register to access the Hotspring Platform, you will need to provide your name, company affiliation (if any), work email and work phone number and creating an individual ID and password.  Our business customers control who they authorize to access the Hotspring Platform their behalf. We do not obtain any personal information about our customers or their employees or other representatives from other sources.  You may request to update, modify or delete you registered information by sending an email to Hotspring at privacy@thehotspring.com with the words, “USER INFORMATION” in the subject line.  

Registered members may post information, including personal information, on the Hotspring Platform regarding their past work experience, prior projects and other information to advertise their services to Clients.  Be aware that this information, including personal information, will be visible to Clients for the purpose of advertising and hiring for Hotspring Projects. Please carefully consider before posting any personal information.  If you mistakenly post personal information and would like it removed, you can send us an email to privacy@thehotspring.com to request that we remove it. Hotspring is not responsible for information you post on the Hotspring Platform.   Posted information and communications is subject to the terms and conditions in our User agreement.   

Information We Automatically Collect About You.  

On the Site — When you access either the Site, our servers may automatically collect and track certain, non-personal information: Internet Protocol (IP) address, device and browser type, operating system, the pages or features of the Site that you viewed and the time spent on those pages or features, the frequency with which you access the Site, search terms, any third-party links you click on, and other usage statistics.  We collect and track this information in server logs and by using cookies to analyze trends, administer and improve functionality of the Site and Platform, and gather statistical information about our user base as a whole. There is no targeted advertising on the Site nor do we track users across other sites to serve them ads.

A cookie is a text file stored in a user’s hard drive and used to collect certain information about a user, such as IP address, domain names, type of computer or other device and operating system be used to access the Site.  This non-personal information is collected to better operate the Site and enhance the user experience. By using cookies, we are also able to recognize users when they return to the Site and to remember certain information about a user, such as their contact information.  

Other cookies are used to compile aggregate and statistical data about site traffic and site interaction so that we can offer a better website experience and tools in the future. Typically, these “analytics” cookies do not need access to personal information for their operations.  We may contract with third-party service providers to provide these analytics services.  

We use the following types of cookies on the Site and Hotspring Platform:

• “Required” or “Essential” cookies are necessary for operation of the Site and the Hotspring Platform.
• “Functional” cookies enable the Site to remember information a user has provided and personalize functionality.
• “Analytics” cookies collect and analyze how the Site is used, typically on an aggregate and anonymous basis.

You have the ability to accept or decline most cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Depending on the type of browser being used, it may be able to alert users of the presence of cookies.  However, if you choose to decline cookies, you may not be able to fully experience the interactive features of the Site. If you wish to find out more about cookies, or how to refuse cookies for your browser, please visit the Interactive Advertising Bureau’s web site at http://www.allaboutcookies.org/manage-cookies/.    

Use and Sharing of Information 

We use and share the information we collect and you provide to operate, manage, and provide the Site, the Platform and associated services. The collection and processing of personal information is strictly necessary and proportionate for the purposes of enabling access to and use of our Site and the SaaS Platform.  We may send registered members marketing or promotional information regarding new features, subscription plans or available integrations with other security software vendors. You can opt out of receiving these marketing or promotional messages at any time and at no cost.  However, we do not disclose, sell, rent or otherwise make available your personal information to third parties for their marketing purposes. We also do not conduct any automatic processing using any personal information. We may store personal information with providers and in locations outside our direct control (e.g., on servers or databases with hosting providers), and which are contractually obligated to implement appropriate security measures.  We may make available an online newsletter for registered members, who would be asked to agree to receiving the newsletter.

We reserve the right to compile, save, use within the scope of our activities, and analyze any and all user information (registration information, use history, etc.) to provide the Site and Hotspring Platform and Hotspring Services.  Hotspring, its affiliates, agents, contractors and vendors will use such user information, including personal information, for internal purposes only, including without limitation, provider user support, responding to user requests or questions, and for contacting users as may be needed.  

Aggregated, anonymous data (for example, Site or Platform usage, pages viewed, or other statistics) may be shared with third party service providers to help us analyze usage patterns on the Site and Platform.  This data cannot identify a specific customer or individual.

In addition, we may disclose your personal information:

• To comply with a court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use [link to Terms of Use] and other agreements, including for billing and collection purposes.
• If we transfer, sell, or assign personal information in our possession to third parties as a result of a sale, merger, consolidation, change in control, transfer of assets, reorganization, or liquidation
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Hotspring, our users or others.  This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We reserve the right to disclose aggregated or anonymous information (i.e., information that does not identify you) about our users without restriction.  

In addition, we restrict access to your personal information to those employees, vendors and service providers who need to know that information to provide benefits or services to you and are subject to confidentiality requirements or other legal obligations to protect personal information.  We commit to taking appropriate disciplinary measures to enforce our employees’, agents’ and service providers’ privacy responsibilities.

Retention, Access to and Correction of Your Personal Information 

We retain your personal information only for as long as the relevant business customer account is active or you remain an authorized user on behalf of a customer, as needed to provide you the requested services or information, to protect our legitimate business interests, comply with our legal obligations, resolve disputes and enforce our agreements.  You may send us an email at privacy@thehotspring.com to request access to, correct or delete any personal information that you have provided to us.  We can only process requests associated with the particular email address that you use to send us your request, and we will verify your identity before implementing your request. We reserve the right not to 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.  

Data Security

Hotspring has implemented reasonable and appropriate security measures and steps to ensure the security of the personal and other information we collect. We periodically undergo internal and third-party audits of our implemented security measures.  Vendors and service providers with whom we may share personal information are contractually obligated to implement security measures no less robust and comprehensive.  

To access the Hotspring Platform, users must register authorized customer employees and representatives will be asked to provide an email and unique password.  These persons are responsible for maintaining the strict confidentiality of the login information, especially your password. It is recommended that you not share your login information with any other person.  You are responsible for any access to or use of the Sites by you or any person or entity using your login information, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent.  Hotspring will not be responsible for a data breach that results from a lost or stolen login information.

Be advised that the transmission of information via the internet is not completely secure., and we cannot guarantee the security of your information transmitted to the Site or SaaS Platform or that your information will never be accessed, used, or released in a manner inconsistent with this policy.  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 Site, the SaaS Platform or associated services.  

Links to Other Websites; Payment Processors

The Site or Hotspring Platform may contain links to third-party websites that Hotspring does not own, control or manage.  These links are provided for convenience only. Hotspring is not responsible for the availability, content, accuracy, data collection, or other activities on these third-party websites.  You are encouraged to carefully review the policies and practices of every web site and service that you visit or use. If you have any questions regarding these third-party websites, you should contact the owners of these websites directly.

We enable payment via Hotspring Platform, and any transactions will be encrypted using current SSL technology and will be managed by a third-party payment processor.  Member subscriptions are to be paid through the designated payment processor. We will not have access to any payment or other financial information that you provide to a payment processor operating on our behalf.  The privacy policy of any third-party payment processor will govern how they treat any personal information you may provide to them.         

Legal Basis

Our legal basis for collecting and using your personal information is (i) to do so with your consent; (ii) where we need the personal information for performance of a contract or requested service, or (iii) where the collection and use is in our or another’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. If we collect your personal information with your consent, you may withdraw your consent at any time. You understand and agree that we may collect, use, disclose, and otherwise process the personal information you provide even if you are located outside the United States.  

Located in the United States 

We are located in the United States and our Site and the Hotspring Platform and servers are maintained in the United States.  If you are located outside the United States, your personal information will be transferred to and processed in the United States, which has data protection laws that may be different than those in your country and may not be as protective.  

By providing any personal information to us on the Site, the Hotspring Platform or the Hotspring Services, you fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such personal information in, the United States.

Residents of the EEA and Switzerland

For residents of the European Economic Area (EEA) and Switzerland, we advise that your personal information will be transferred to and processed in the United States, which has data protection laws that are different than those in your country and may not be as protective.  The United States has not sought or received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (“GDPR”). Our legal basis for collecting and using your personal information is to do so with your consent; where we need the personal information for performance of a contract or requested service, or where the collection and use is in our or another’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. If we collected your personal information with your consent, you may withdraw your consent at any time.

Residents of the EEA and Switzerland have the right to:

• Access your personal information;
• Delete, or request deletion of, your personal information;
• Object to or restrict processing of your personal information; 
• Request portability of your personal information;
• Complain to your local data protection authority at any time;
• Object to automated decision making; and
• Update your personal Data.

Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If we ask you to provide personal information to us to comply with a legal requirement or enter into a contract, we will inform you of this and let you know whether providing us with your personal information is required and if not, the consequences of not sharing your personal data with us.  

Similarly, if we collect and use your personal information in reliance on our or a third party’s legitimate interests and those interests are not already described above, we will let you know what those legitimate interests are.  

We endeavor to apply suitable safeguards to protect the privacy and security of your personal information and to use it only consistent with your relationship with us and the practices described in this Privacy Policy.  

To withdraw consent or exercise these rights, please:

• Contact us via email at privacy@thehotspring.com; or 
• Adjust your preferences through Account preferences (if available).

California Residents 

California Civil Code Section § 1798.83 permits users of our Sites who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  However, we currently do not sell, rent, lease or otherwise make available your personal information to third parties for their marketing purposes. If this policy were to change, we would only make available your personal information for this purpose with your prior consent. 

Do Not Track

We currently honor browser-based Do-Not-Track signals.

Children’s Privacy 

You must be at least 18 years old to access and use the Site, the Hotspring Platform and Hotspring Services.  

We do not collect or maintain information on the Site or SaaS Platform from persons we know to be under age 13, and no part of our Site, the Hotspring Platform or Hotspring Services is designed to attract anyone under age 13.  If a child under the age of 13 has provided us with their personal information, we ask that their parent or guardian contact us as provided below to inform us of that fact.  We will use reasonable efforts to delete such information from our systems and servers.

Changes to this Privacy Policy

The Effective Date of the current version of the Privacy Policy is provided above.  Hotspring reserves the right to modify this Privacy Policy from time-to-time in our sole discretion and without notice.  You are advised to review this Privacy Policy periodically for any changes, which will be noted by an updated Effective Date.  Your continued use of the Site, the Hotspring Platform and the Hotspring Services after any modification indicates your agreement to the new or revised terms and conditions in this Privacy Policy.

Comments and Questions

If you have comments or questions about our Privacy Policy or your personal information, you may contact us at:

Hotspring

1115 Broadway, Floor 10

New York, NY 10010

Email: privacy@thehotspring.com