Privacy and security are of utmost importance to Holler (hereinafter “Holler”, “Provider,” “us”, “we”, “the App” or “the Site”) and we strive to ensure that our technical and organizational measures respect your data protection rights.

This Privacy Policy describes how we manage, process and store personal data submitted in the context of providing our services. “Personal data” refers to any information relating to an identifiable individual or his or her personal identity.

It applies to the processing of personal data carried out on heyholler.ai and completes the legal notice and the General Conditions of Use that can be consulted by users at the following address:
https://www.heyholler.ai/terms

We use the personal data submitted to us only in accordance with applicable data protection laws and regulations.

The Data Controller

When browsing our Website, or for customer relationship management, the data controller is Holler, located at:

155 Powers St
Brooklyn, NY 11211
United States
(“We” or “Us”)

However, when we provide our services to our clients, we may process personal data on their behalf and for their own purposes. Our clients act as data controllers while we act as a service provider/processor, as applicable under relevant data protection laws.

If you have any question, please contact:
privacy@heyholler.ai

Personal Data Collected

When you subscribe to our services, the following data is collected and managed:

• First name

• Last name

• Email

• Phone number (when applicable)

• Mailing address

• Country

• IP address(es) and domain name

• Login

• Password

By using our services, the following data is collected and managed:

• Log-in data and browsing data when you authorize it

• Order history

• Complaints

• Incidents

• Information on subscriptions

• Messages on our site

Some data is collected automatically by reason of your activity on the site (see paragraph on cookies below).

The data submitted should not include any sensitive personal data, such as government identifiers (i.e. social security, driving license, or taxpayer identification numbers), complete credit card or complete personal bank card numbers, medical records or particulars connected with applications for care or treatment associated with private individuals.

PURPOSES OF PROCESSING AND LEGAL BASIS

Your personal data is processed to meet one or several of the following purposes.

Based on our legitimate business interests

Based on our legitimate business interests of offering you a safe, optimum, efficient, and personalized experience, we carry out processing operations for the following purposes:

• To solve any problems and improve the use of our sites and services.

• To personalize, assess, and improve our services, content, and materials.

• To analyze the volume and history of your use of our services.

• To inform you about our services as well as our partners’ services and/or promotional offers.

• To sign up to our newsletters, use case studies and marketing material.

On the performance basis of a contract

On the performance basis of a contract to which you are a party, we carry out processing operations for the following purposes:

• To provide our services.

• To facilitate performance, including verification relating to you.

On the basis of your consent

On the basis of your consent, we carry out processing operations for the following purposes:

• To use cookies, as described in our cookies policy.

Based on compliance with legal and regulatory obligations

Based on compliance with legal and regulatory obligations, we carry out processing for the following purposes:

• To prevent, detect and investigate any activities that are potentially prohibited, unlawful, contrary to good practices and to ensure compliance with our terms of use and sending policy.

• To respond to and manage the exercise of rights.

Personal data relating to you collected on our website are destined for Holler’s own use and may be forwarded to Holler’s partner companies so that we may obtain assistance and support in the context of carrying out our services.

Holler ensures that it has in place clear data protection requirements for all its third-party providers.

We do not sell or rent your personal data to third parties for marketing purposes whatsoever.

In addition, Holler does not disclose your personal data to third parties, except if:

• You (or your account administrator acting on your behalf) request or authorize disclosure thereof;

• The disclosure is required to process transactions or supply services which you have requested;

• Holler is compelled to do so by a government authority or a regulatory body, in the case of a court order, a summons to appear in court or any other similar requisition from a government or the judiciary, or to establish or defend a legal application;

• The third party is a subcontractor or sub-processor of Holler in the carrying out of services (including internet providers, telecommunications providers, hosting providers, CRM tools, customer support tools, invoicing tools, payment tools, and analytics tools).

DATA RETENTION PERIODS

Your personal data is kept for the periods set out below:

• Personal data collected for the execution of the services as well as information about how and when you use the services: the time needed to provide you our services, and in no event no longer than 3 years after closing your account (unless otherwise required by law).

• Personal data collected in order to send newsletters, requests and direct marketing: 3 years from data collection or last active contact with the prospect.

• Personal data collected for evidentiary purposes: duration of the statutory limitation period (generally 5 years).

• Personal data collected as part of your rights requests: if we ask you for proof of identity, we only retain it for the time necessary to verify your identity. Once the verification has been carried out, the proof is deleted.

• If you exercise your right to object to direct marketing: we keep this information for 3 years.

LOCATION OF DATA STORAGE AND TRANSFERS

The host servers on which Holler processes and stores its databases may be located in the United States and other jurisdictions depending on our service providers and infrastructure needs.

Regarding the tools we use (see “Third party disclosures” above), your personal data could be transferred outside your state or country of residence. Where applicable, Holler implements reasonable safeguards designed to protect personal data in connection with such transfers.

SECURITY

Within the framework of its services, Holler attributes the very highest importance to the security and integrity of its customers’ personal data.

Holler undertakes to take appropriate precautions in order to preserve the security of the data and, in particular, to protect them against any accidental or unlawful destruction, accidental loss, corruption, unauthorized circulation or access, as well as against any other form of unlawful processing or disclosure to unauthorized persons.

To this end, Holler implements industry standard security measures to protect personal data from unauthorized disclosure. Using industry recommended methods, Holler takes measures designed to protect information connected with payments and credit cards.

Moreover, in order to avoid unauthorized access, to guarantee accuracy and the proper use of the data, Holler has put appropriate electronic, physical and managerial procedures in place with a view to safeguarding and preserving the data gathered through its services.

Notwithstanding this, there is no absolute safety from piracy or hackers. That is why in the event a breach of security were to affect you, Holler undertakes to inform you thereof without undue delay and to use reasonable efforts to take measures to neutralize the intrusion and minimize the impacts.

Should you suffer any loss by reason of the exploitation by a third party of a security breach, Holler undertakes to provide you with assistance necessary so you are able to assert your rights, subject to the limits of liability referred to in our Terms of Use.

YOUR DATA PROTECTION RIGHTS

Depending on your location and applicable law, you may have rights related to the collection and processing of your personal data, including:

• Right to be informed

• Right of access

• Right to rectification

• Right to restriction of processing (where applicable)

• Right to erasure (“right to be forgotten”) (where applicable)

• Right to withdraw consent (where processing is based on consent)

• Right to data portability (where applicable)

• Right to object (where applicable)

How to exercise your rights

You can exercise these rights by sending us a support ticket via the support chat (either on the website or on the app) or by sending an email to privacy@heyholler.ai. Your requests will be processed within 30 days. We may require verification of identity or authority.

You are also able at any time to modify personal data by logging into your account and navigating to “User Settings”.

Right to refer to a supervisory authority

If you believe, after having contacted us, that your rights are not respected, you may address a complaint to the competent supervisory authority of your country or state of residence.

Newsletters and marketing emails

For those of you that have expressly opted in to receive our newsletters, you are able to unsubscribe by following the “unsubscribe” links included in every email sent.

Testimonials

Holler may publish a list of customers and testimonials on its sites with information on customers’ names and job titles. Holler undertakes to obtain authorization before publishing any testimonial.

If you wish to be removed from this list, you can send an email to privacy@heyholler.ai and we will delete your information promptly.

Third party data

In the context of using our services, including creating emailing campaigns and contact lists, Holler may have access to the information contained in the email contact lists you create in your account, as well as the subject and content of the emails that you send out via our services.

This data is stored on secure servers and only a limited number of people are authorized to access your contact lists, in particular for the purpose of providing support services.

You are able to recover your contact lists from your Holler account at any time by using export functionality where available. You may also modify and/or delete contacts at any time from your account.

In no case does Holler sell, share or rent out your contact lists to third parties, nor does it use them for any purposes other than those set forth in this policy.

We will use the information from your contact lists only for legal requirements, invoicing, internal statistics, and for the purposes of providing you with customer support services.

As creator of the contact lists and associated email campaigns, you are responsible for complying with applicable data protection laws and for ensuring you have lawful authority to use personal data included in your campaigns, including obtaining any required notices and consents.

If a recipient of your emails sent via our services requests us to modify or delete his/her personal data, we will honor that request after appropriate verification and will inform you of it where applicable.

PRIVACY POLICY CHANGES

Holler reserves the right to update this Privacy Policy at any time, including in response to changes in laws and regulations. Any modifications made will be notified to you via our website or by email, to the extent possible, at least thirty (30) days before changes come into force.

We recommend that you check this Policy from time to time to stay informed.

CONTACT US

If you have questions, you can email:
privacy@holler.ai

Or contact us by mail at:

Holler
Attn: Privacy / Legal Department
155 Powers St
Brooklyn, NY 11211
United States

COOKIE POLICY

1. What is a Cookie?

When browsing our sites, cookies, pixels, tags and other trackers (hereafter referred to as “Cookies”) may be installed on your computer.

A cookie is a small file, often encrypted, that is stored in your browser or device and is identified by a name. It is installed when you visit a site or application. Each time you return to the said site or application, the Cookie is retrieved from your browser or device. This ensures that each time you visit the site or application, the browser is recognized.

The installation of these Cookies may enable us to access your browsing data and/or personal data concerning you.

2. Cookies Identification

Technical and functional Cookies

Technical and functional Cookies are necessary for the proper functioning of the Site and to provide you with our services. They are used throughout your navigation to facilitate it and to carry out certain functions.

We may use the following technical and functional Cookies:

Advertising Cookies

Advertising Cookies may be created not only by our sites but also by other websites and applications that serve ads, announcements, widgets or other elements displayed on the page.

We may use the following Advertising Cookies:

Analytical Cookies

These Cookies allow us to measure the number of visits, page views and user activity. Analytical Cookies allow us to generate statistics on the use and navigation of our Site in order to improve our performance and identify navigation problems.

We may use the following Analytical Cookies:

3. Your Cookies preferences

Cookies that can be installed without consent

Some cookies do not require your consent, such as:

• Technical or functional Cookies necessary for operation of the site;

• Certain Cookies for audience measurement or A/B testing to optimize editorial choices.

Acceptance or refusal of Cookies subject to your express consent

All other Cookies require your consent, including Advertising Cookies, Social Networking Cookies, Content Personalization Cookies and some Audience Analysis Cookies.

You may choose to accept or decline.

You can accept or refuse these Cookies the first time you browse the Site. Your choices will be retained for a period of six (6) months.

You are free to withdraw your consent and change your preferences at any time via the link “Manage cookies” at the bottom of each page.

Your browser settings

It is also possible to set your browser to accept or reject certain Cookies.