Privacy Policy

Hily Privacy Policy (the “Policy”) explains all the privacy matters you may face when using our website, https://hily.com and other websites run by Hily (the “Website”) and Hily’s mobile and web-based applications (the “App”), jointly the “Service”, operated by Hily Corp. (“Hily” or “we”). 

This Policy is an integral part of the Hily’s Terms of Use (the “Terms”) and incorporated by reference into them. Please read this Policy carefully and if you have any questions, feel free to contact us at legal@hily.com. In case you have any ongoing questions about how to exercise your rights, etc., you may also contact us at support@hily.com.

Some services which may be employed by either Hily or you to interact with the Services may have their own privacy rules (third-party privacy policies). Thus, if your personal data is processed by such services, such processing is governed by third-party privacy policies, not this present Policy.

This Privacy Policy explains what personal data is collected when you use the our mobile applications and websites, and the services provided through them, how such personal data will be processed.

By using our service/app, you promise us that (i) you have read, understand and agree to this privacy policy, and (ii) you are over 18 years of age. If you do not agree, or are unable to make this promise, you must not use the app/service. In such case, you must (a) delete your account and contact us and request deletion of your data; (b) cancel any subscriptions using the functionality provided by Apple (if you are using iOS) or Google (if you are using Android), any other app stores that may be available from time to time, or by us.

Any translation from English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of this Privacy Policy available at https://hily.com/privacypolicy/ and any translation, the English language version will prevail. The original English text shall be the sole legally binding version. 

1. Initial Notice to Users

1.1. Here, at Hily, we strive to protect your privacy. It goes without saying, by being a place for building the best connections between people, that the App exists as a vast social network, where users may share their experiences, show emotions and just be themselves. All of those actions are connected to personal data sharing. Your “personal data” or just “data” means any information linked with you or the one that may identify you directly or indirectly as a person.

1.2. Privacy tips. Despite our best efforts, we cannot control how other users or third-party services may use your data. When using Hily, you should presume that everything you post, share or message on the App may be publicly viewable and accessible, both by Hily users and people outside the App. We want you to be careful about going public with your data, thus, we kindly ask you to follow our privacy recommendations as below:

(a) when you post information about yourself or use the messaging function, the amount of personal information you share is determined at your own risk.

(b) you share information with other users when you voluntarily disclose information on the Service (including your Hily profile). That is why we recommend and encourage you to think carefully about the information you disclose about yourself. Please be careful with your data and make sure that the information you publish is data you feel comfortable being publicly viewable;

(c) we do not recommend that you put email addresses, URLs, instant messaging details, phone numbers, full names or addresses, credit card details, national identity numbers, drivers’ license details, precise location and other important data on your Hily profile or send that data via direct messages to people that you do not trust;

(d) we do not recommend that you share your sensitive data (religious denomination, sexual preferences, health details, political leanings, any kind of addictions, etc.) with other users. If you really desire to share this data safely (so as to set up more relevant connections, etc.), you may use Hily tags features. Regarding Hily tags, please read section 1.3 hereof to find out the benefits of their use;

(e) photos that you share via Hily may reveal much information about you; please inspect all of them for data or objects that you do not want to go public with before you upload or share your photos;

(f) please make sure you log out of your Hily profile after use from either your or a third-party’s device since you never know who may get access to them;

(g) please do not share your access credentials (login, email, password, phone number, etc.) with Hily or other social media profiles with anyone else;

(h) we recommend that you change your Hily and other social media password from time to time;

(i) if you think or even have the slightest suspicion that someone may have had access to your Hily or social media profile or access credentials, first of all, change them immediately; if you lost your access to the profile owing to third-party activity, we recommend that you contact us at support@hily.com (if there is no access to Hily profile) or report the issue to the relevant social media platform;

(j) we kindly draw your attention to the fact that you are the only person who must care about your access credentials’ safety. Remember that in the event they are compromised, a third party may get your data. We cannot guarantee your data security if you lose control of your account and do not notify Hily about the issue.

1.3. Hily tags and Information filled by you, including sensitive data and location. Instead of sharing some of your data in a text description of your profile, we recommend that you use Hily tags to identify you as a person of a specific style. We find it a more secure and beneficial option since you may change them or hide them anytime you choose. Meanwhile, Hily tags allow you to create better connections with people who may share your views and are more likely to say “hello”. 

Hily allows you to share information about yourself with, including your location and information that may be deemed “sensitive” or “special category” in certain jurisdictions such as religion, political opinions, philosophical belief. Such information will be collected by Hily and publicly available in your profile only after your explicit consent.  If you do not give your explicit consent to process such sensitive data, we will not show you the tags relating religion, political opinions, philosophical belief to choose. Still, all any time, you are entitled to make us stop showing that data to others by deleting relevant tags in your profile settings, restricting some users from accessing your profile (in this case just blocked users will not see your data) or requesting the deletion of your sensitive data or other data by contacting at support@hily.com. 

Hily also collects your location to determine your distance from other users (“Distance Information”). Hily app is designed to allow users to share Distance Information. Your Distance Information will be displayed in your profile in those users’ search results should you elect to display your relative distance. Note that if you choose not to allow Hily to access your location certain features of the Hily app will not function properly. Sophisticated users who use the Hily app  in an unauthorized manner, or other users who change their location while you remain in the same location, may use Distance Information to determine your exact location. 

If you have given Hily access to your location, but wish to turn this off, you can do so by the following methods:

• iPhone app — settings, privacy, location services, Hily
• Android — settings, location, Hily, permissions, location

2. Changes and Updates to Policy

2.1. Reasons of Updates. We may revise the Policy according to new developments or advances in legislation and the broader data protection landscape from time to time, so please check this page regularly to ensure you’re always up-to-date with any changes.

2.2. Communication on Updates. If we make any changes hereto that, in our sole discretion, are substantial, we will notify you by email (to the address associated with your profile) or via the App, post a notice within Hily Services or make a notification appear in your profile when you next log in to Hily before amendments become effective. A notification regarding other changes may be rendered to you by publishing at https://hily.com/privacypolicy. 

3. Your Data Controller and Data Processors; Service Providers, Contractors and Third Parties Accessing Data

3.1. Information about who processes your data and with whom we may share your data is considered to be one of the most vital points you should know, so we place this section here, in the Policy’s beginning. In this section, we also explain what third-party sources we may use to receive your data.

3.2. Roles and Definitions. The first you should know is information about your data controller and processors. The data controller is an entity that determines the purposes and means of processing of the data. The data processor is an entity that processes the data on behalf of the controller. A third party is a person whose access to the data depends on their rights or duties.

3.3. Data Controller; EU Representative; Data Protection Officers:

(a) in this current case, your data controller is Hily Corp., a company with its registered address at 3172 North Rainbow Boulevard #1132, Las Vegas, NV 89108, United States of America; email: legal@hily.com;

(b) our EU Representative – for General Data Protection Regulation (GDPR) compliance purposes – is Risovel Limited, a company with its registered address at 705, Spyrou Araouzou & Koumantarias, Fayza House, 5th floor, office No.: 2, 3036, Limassol, Cyprus, email: eu@hily.com;

(c) our UK Representative is AMORIGIN LIMITED with its registered address at Ibex House, 61 Baker Street, Weybridge, England, KT13 8AH

(d) To communicate with our Data Protection Officer, please email gdpr@hily.com. If you are an EU/UK citizen or a resident, feel free to contact our DPO in case you have any questions.  Please note that this email is designated strictly for data protection inquiries, and other types of questions will not be addressed.

3.4. Data Processors. When processing your data, we may use the following data processors:

Additional processor: Lathinol Limited, a company with its registered address at 705, Spyrou Araouzou & Koumantarias, Fayza House, 5th floor, office No.: 2, 3036, Limassol, Cyprus;

3.5. Software Development Kits (SDK). Besides the data processors listed above, your data may be processed by other companies through SDK technology (they are also processors of your data). SDK are programming packages or libraries of code of one service incorporated in mobile applications of another service, so these applications could work on or with a specific platform of the SDK owner. Please consider the following information about them:

3.6. Additional Data Processors. Where there is a necessity, we may also engage additional service providers, contractors and third parties services and may share the data with them. That will help us operate, provide, improve, integrate, customize, support, and market our Service and the Website. We share the data, in particular, for purposes indicated herein. The types of service providers we may share information with include, in particular: cloud storage providers, data analytics providers, measurement partners, marketing partners, payment processing providers, communication services providers, etc. 

3.7. Sharing consumer information with the App Store. By registering on our Hily app, you give us consent to share your information (age, the UUID of the in-app user account, your consumption status, the amount of time you used in the app, the kind of platform, the status of your account, the total amount of refunds you received in your app, delivery status) with the Apple store to help inform and improve refund process. We send such user`s information to the App Store when the user requests a refund. The App Store uses the consumption information we provided to inform its refund decisions.

You can withdraw your consent at any time, please contact us at support@hily.com. If you request to delete your personal data, you may also submit requests directly to Apple by visiting privacy.apple.com. In this case, we will stop sending your personal information to the Apple store in case of a refund request from you.

3.8. Moderation Practices. We use moderators to monitor and review accounts (including name and any other information uploaded onto user profiles). If the user`s profile meets certain criteria that demonstrate that the user is likely to breach the Terms of Use, the relevant profile will be subject to a warning and the user’s access restricted and/or blocked. Affected Users can contact Hily to contest the decision.

3.9. Third Parties: Other Users and Social Media. Some of your data is publicly available; it means that other users of Hily may have access to your data with which you go public. The following information may be visible:

• Name;
• Username;
• Email address;
• Phone number;
• Gender identity;
• Date of birth;
• Photographs;
• Location

Please read section 1 carefully and follow our privacy recommendation in order to avoid any undesirable or accidental disclosure of your data. Meanwhile, as we explained in sections 3.4(f)-(h), Hily users have an option to register or log in to the App using Facebook, Snapchat or Apple profile. If you act so, you are authorizing us (and in some cases, other users) to access some of your information placed in your external profiles, including information you make available via these social media, your friends list, current location and those friends you have in common with other Hily users etc. With this regard, please note the following:

(a) any of your data placed in your profile will be shared with other Hily users;

(b) any of your data placed in your profile, as well as your entire profile, may be shared by other Hily users with any third parties (for instance, so as to recommend you to a user’s friend as a potential partner or a buddy);

(c) any user may take a photo or a screenshot of your data. We do prohibit such actions! Still, we cannot track or prevent sharing of taken images;

(d) if you registered your Hily profile using Facebook, Snapchat or Apple profile, your external profile may be visible for other Hily users;

(e) if you registered your Hily profile using Facebook, Snapchat or Apple profile (which means that you connected your Hily profile and Facebook, Snapchat or Apple profile), you authorize such social media to access some of your data. We kindly recommend that you read their privacy policies since Hily does not control how they use your personal data in that case;

(f) if you do not want to have your Hily profile linked to your profile on the third-party websites, please visit your Facebook, Snapchat or Apple profile and follow the instructions of those social media to remove the Hily access permissions.

3.10. Please note we collect personal data directly from you and we may also receive some of your personal data from third parties. For example:

(a) From other social networks: when you connect to your Hily mobile application user account through one of your other social network accounts (e.g. Facebook account);

(b) From other partners: some of our partners may transmit personal data about you (for example when you access our website by clicking on an advert for the Hily mobile application published on a partner’s website);

(c) From other users: other users of the Hily mobile application may provide us with personal data about you when they use our services (for example, when they contact us about you or mention information about you in their discussions with other users).

3.11. Third Parties: Law Protection and Enforcement Bodies; Attorneys-at-Law. Hily is a place free of any kind of abuse, violence, laws and third-party rights infringement. We designed Hily as a safe harbor for people to be themselves and express their emotions. We do our utmost to protect our biggest value, sense of security of our users, so we may disclose your data to third parties in the following cases:

(a) we will cooperate with law enforcement inquiries from within or outside your country of residence where we are required to by law, where there is an investigation into alleged criminal behaviour or to protect the vital interests of a person. We may share any personal data that we hold about you, depending on the nature of the request or the issue that we are dealing with;

(b) we will disclose your data if it’s necessary so as to comply with a judicial proceeding, court order, or legal request of a state body (a law protection or enforcement body). We may share any personal data that we hold about you, depending on the nature of the request or the issue that we are dealing with;

(c) we may also cooperate with all third parties to enforce their intellectual property or other rights in the event we are notified of an offence by one of our users. Still, we will share your data if we receive respective and motivated legal request of such by the third party’s attorney-at-law, proving your violation only. We may share any personal data that we hold about you, depending on the nature of the request or the issue that we are dealing with. Please note, if we find no proof sufficiently established in an inquiry, we will not disclose your data;

(d) society may be cruel at times; wrong words or actions of others may hurt. Still, this is not a reason to harm yourself. Here, at Hily, we believe that every issue can be fixed, and we are ready to share contact details of our partners who may offer professional help. If we detect suicidal behavior by our users, we may report such a case to the police or professional non-governmental organization, so as to prevent our users from making the biggest mistake of their lives. We may share your name, contact details and geolocation with those bodies;

(e) we may transfer your data to a respective law protection or enforcement body if we detect illegal activity or we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person. We may share any personal data that we hold about you, depending on the nature of the violation or the issue that we are dealing with; and finally

(f) we will share your data with our lawyers, a court, arbitrators, or any authorized professional etc. if we detect your conduct is in breach of Hily’s Terms of Use or any integral parts thereto or in order to protect the rights and property of Hily, its affiliates, or the public or to comply with legal and regulatory obligations.

4. Hily’s Approaches toward Children’s Privacy

4.1. Age Restrictions. We restrict persons who are under the age of 18 (or the age of legal majority in their place of residence) from using the Services and we do not knowingly collect personal information from anyone under the age of 18.

4.2. Notify Us. In the event that we become aware that we have collected personal information from any person who is under 18 years old (or the age of legal majority), we will dispose of that information in accordance with Children’s Online Privacy Protection Act (COPPA) and other applicable laws and regulations. If you are a parent, guardian or you believe that a user is underaged, please contact us by email at legal@hily.com or report a profile via the relevant feature in the App.

4.3. Our Steps. If we become aware that a person under the age of 18 has registered with Hily and provided us with incorrect personal information, we will take steps to terminate that person’s registration and delete all relevant registration data from Hily.

5. Collection of Personal Data

5.1. In this section, we explain what data (in addition to the data we collect as set forth in section 3.5) we collect (categories and a full list of data), sources we get your data from, purposes for which the data is used and our legal basis to process your data. Here, we also share some useful data privacy tips with you.

5.2. In the event you are a European Union resident, you may find data on categories of your personal data that we may collect in accordance with GDPR following the previous list. In particular, the personal data that falls within the special categories (ethnic origin, political opinions, religious or philosophical beliefs) will only be collected if you choose to provide them and expressly consent so (as considered in GDPR Article 9.2.a).

5.3. For the users who are California residents, you may find more information about the collection of categories of personal information and sensitive personal information in section 9.1-9.2. hereof.

5.4. Purposes of Data Processing; Personal Data Collected; Source; Legal Basis:

5.5. Legal Bases. Legal bases are the grounds set forth by the GDPR on which we may process your data. We rely on the following legal bases:

(a) performing the contract with you — the main legal basis that we use to process your data. It includes mostly everything we do to provide you with services, under our Terms of Use and their appendices. You may restrict us from processing your data, but please be advised that, in such a case, we will not be able to provide services to you. Please see section 8 to find out more;

(b) legal obligation — we may process your data when we have a legal obligation when it is required by applicable laws, e.g., in order to prevent fraud, assist law protection and enforcement bodies.

(c) Legitimate interest – we have a commercial interest in processing your personal data that is justified, balanced and does not infringe on your privacy (e.g., statistical reporting). Where the legal basis is legitimate interests, you have a right to object to our use of your data. Please see section 8 to find out more;

(d) consent — we may process some of your data when we have your consent to do so. Where the legal basis is consent, you can withdraw consent at any time. Please see section 8 to find out more.

5.6. You hereby acknowledge and agree that we may receive your personal data from any third parties (other users, any official bodies, third-party providers, etc.) when you connect your Hily profile with other services, when we receive inquiries, court orders, subpoenas, claims, etc.

5.7. We do not collect or store full credit card number information, though we may receive credit card-related information to help process future payments and summary information about transactions that do not include credit card or bank account numbers.

5.8. From time to time, we may start surveys/feedback for research purposes and we may contact you to find out if you would like to take part. We may also contact you to find out if you would like to take part in marketing campaigns. Such activities are optional. If you do not wish to be contacted to take part in a survey or marketing campaign, please contact us at support@hily.com or via the respective in-App feature. If you do not want to contact us but you also do not want to participate in our activities, please ignore our messages.

5.9. Behavioral Advertising. Since we rely on your consent to show you personalized ads, you are entitled to revoke your consent anytime and request that we stop using personalized ads towards you. Please contact us at support@hily.com to strike off your consent. 

Before creating your Hily account, users in the EEA/UK will be presented with a consent preference screen where they can control if their personal information can be used for advertising by our ad/marketing partners. Users in the EEA/UK can also access the Privacy Preference Center from within the settings menu of the Hily app at any time. To opt out of personalized/targeted advertising please see section 9.3.  if you are a California resident and section 10.4. if Virginia or Texas resident.

Meanwhile, if you opt-out of targeted/personalized advertising you will still see ads, but non-personalized advertising.  Such non-personalized advertising may be based on location data that is not linked  to the identity of the user  and is not classified as personal data itself.

We may use your device location data for personalized advertising. This data is collected with your explicit consent and shared with third-party ad networks for targeted/personalized advertising purposes. The third parties we work with, their use of location data, and their privacy policy links are listed below:

(a) Google LLC (Google Mobile Ads SDK) (Privacy Policy): uses your location data to enhance ad relevance for you.

(b) Facebook Inc.(Facebook Audience Network Software Development Kit SDK) (Privacy Policy): uses your location data to enhance ad relevance for you.

(c) AppLovin Corporation ( AppLovin Software Development Kit) (Privacy Policy): uses your location data to enhance ad relevance for you

5.10. Push Notifications. We use push notifications to keep you informed about your activity within our Services. These notifications may include reminders, motivational prompts to encourage engagement, or other relevant information. For instance, you might receive a notification informing you of a new message, reaction, or match. To stop receiving push notifications (opt-out), you can adjust the settings on your device. 

Users in the EU/UK also have the option to opt of receiving push notifications in Hily app’s Notification settings.

5.11. Purchase Information from Third-Party Payment Processors.We use various third-party payment processors, including Google Play, Apple, and Solidgate. When you choose to make a purchase, you submit Personal Information such as your name, payment card information, billing information, address, telephone number, and e-mail address to one of our third-party payment processors. Hily does not process payment card information directly; however, our third-party payment processors may provide certain information to us (e.g., your name, address, partial payment card number, and e-mail address).

6. Duration and Location of Processing; Cross-Border Data Transfer

6.1. Data Retention. Your data will be stored within the term of your use of the Services and up to the termination of such use (or upon agreement between you and Hily) which means the deletion, blocking or suspension of your account on the mobile application and the restriction of your further use of the mobile application; we shall terminate the processing of your personal information, unless the special retention period for the storage of such data is set by the relevant legislation at the time.We may also maintain records to prevent fraud and ensure security, for example when user is banned for violating our terms or misusing our services (see Section 6.7 below).

Note, temporary account deactivation, disabling, or “freezing” the app account does NOT qualify as account deletion.

6.2. Exemptions. We delete or anonymize your information, including sensitive information indicated in section 9.2. for California Residents, upon the termination of your profile (deletion of your account) or after two years of your continuous inactivity. There may be special rules applied in case that:

(a) we must hold your data to comply with applicable laws;

(b) we must hold your data to evidence our compliance with applicable laws;

(c) there is an outstanding issue, claim or dispute requiring us to hold the relevant data until it is resolved; or

(d) your data must be kept for our legitimate business interests, such as fraud prevention and enhancing users’ safety and security (see section 6.7 hereof).

6.3. Terms of Deletion. All your data is to be fully erased (or anonymized) within 7 calendar days following deletion of your Hily profile, except:

(a) in-app features and subscription purchases which are being retained during the term of your subscription and 5 years from the deletion of your user account;

(b) messages between users and support team, support tickets, emails with our support team (as identified in your email), as part of support tickets data that are being retained during the term of your subscription and 5 years from the deletion of your user account;

(c) hashed email address, IP address, profile ID (including, Hily ID, Facebook ID, Snapchat ID, Apple ID) and device ID (NOT a device IMEI) associated with banned account which are being retained during the term of your subscription and 5 years from the deletion of your user account owing to our legitimate interest (see section 6.6 hereof).

6.4. Leftovers. When your account is deleted (as well as your data) from the Services, copies of your data may still be viewable, if your data has been previously shared with others, or copied or stored by other users or other third parties. We cannot control this, nor do we accept any liability for this. If you have given third party applications or websites access to your data, they may retain such information to the extent permitted under their own privacy policies.

6.5. Removed and deleted data may be hosted in backup copies for up to 30 days, but will not be available to others in the meantime. We put that backup data ‘beyond use’. At the end of this period, these data will be permanently deleted.

6.6. At all times, you are entitled to restrict us from processing your data by sending to us a data erasure request or a notice of prohibition to process your data. Please be warned that:

(a) such action prohibits us from processing your data and/or making us delete your data so you will lose your access to the Website and Services;

(b) if your Hily profile is banned, a data erasure request will not release you from prohibition to use Hily Services;

(c) if your profile is blocked, your other Hily profiles may also be blocked as part of our anti-spam and anti-fraud procedures.

6.7. Enforcing of Prohibition to Use Hily. If your profile is blocked, banned or otherwise disabled owing to any violation of applicable law or a violation of the Terms of Use or the provisions of this Policy, you will be prohibited from further creation of new profiles and using the Services again. Accordingly, we will keep on processing data listed in section 6.3(d) hereof (the “technical data”)  in order to prevent your further registration and potential violations. Please note that:

(a) the technical data is not subject to erasing under Article 17 of the GDPR; hence, we will process it on the basis of our legitimate interest, which is a separate ground of processing. We may also process some technical data of minor users on the basis of our legitimate interest to protect the security or integrity (as considered in COPPA § 312.4(c)(6)) and prevent such minors from accessing to our Service from other accounts;

(b) our legitimate interest does not outweigh your right to privacy, because the way that we use the technical data does not significantly impact your privacy, and we have a compelling reason to do so (recital 47 of the GDPR). This reason is to restrict you from breaching yet another obligation under the Hily’s Terms of Use and potentially harming us or our users.

6.8. Location of Servers. Our servers are based in the USA and EU, so your data may be processed and hosted outside the EU. We inform you that we use EU servers to collect and process EU and UK residents’ data and we use USA servers to collect and process data of users from the rest of the countries. If you are located outside the United States, your information is collected in your country and then transferred to the United States — or to another country in which we (or our affiliates or service providers) operate.

6.9. Cross-Border Data Transfer. The sharing of information laid out in section 5.4 hereof involves cross-border data transfers to the United States of America and other jurisdictions that may have different laws about data processing. if we transfer personal data collected within the EEA to countries with not adequate level of data protection, we use one of the following legal bases: (i) Standard Contractual Clauses approved by the European Commission (details available here (or any new version of contractual clauses issued by a data protection body (if any), or (ii) the European Commission adequacy decisions about certain countries (details available here). We take steps to ensure that the recipient is bound by E.U. Standard Contractual Clauses together with additional safeguards to protect your personal data. You can see a copy of these clauses. In certain situations, the courts, law enforcement agencies, regulatory agencies or security authorities in those countries might be entitled to access your personal information.

7. Tracking Technologies

7.1. Cookies Policy. We use cookies and other tracking technologies to improve your user experience and obtain data about how the website is being used. This data enables us to develop and optimize the Website and make the use of the Services more comfortable for you. Please read out Cookies Policy to find out more.

8. Your Data Privacy Rights

8.1. Being a data subject, you have the following rights:

(a) a right to request access to your data: you can ask us what personal information of yours is being processed, as well as for clarifications on the information described above, i.e., purpose of collecting and processing, period of processing, third parties that have access to information. To exercise this right, please contact us at support@hily.com. Please find more details in section 11 hereof;

(b) a right to request us to rectify your personal information: you can ask all the inaccurate personal information concerning you been corrected. You can also complete the personal information if you feel there is a need to do so. To exercise this right, please contact us at support@hily.com or use a specific area of your profile. Additionally, we are happy to note that there is the alternative way to amend your data. You control your Hily profile, so are able to correct or update (other than your mobile number and location (the latter is automatically updated)) your information at any time by just logging in to Hily and using the respective settings; 

(c) a right to request us to erase personal information: you can request us to erase such data in the following circumstances: (i) where you believe it is no longer necessary for us to hold that personal data, (ii) where we process it on the basis of your consent and you wish to withdraw your consent, (iii) where we process your personal data on the basis of our legitimate interest and you object to such processing, (iv) where you no longer wish us to use your personal data to solicit you commercially, or (v) where you believe that we are unlawfully processing your personal data. In most cases we will erase it ourselves, unless otherwise required by legislation. To exercise this right, please contact us at support@hily.com;

(d) a right to request us to restrict the processing of your data: for example, (i) if you contest the accuracy of your data being processed or, (ii) if the processing is unlawful and you object to its deletion and request the restriction of its use instead, (iii) if you believe that we no longer need your data but it is still necessary for the establishment, exercise or defense of legal claims, or (iv) if you have objected to the processing of the data we hold about you. To exercise the right, please contact us at support@hily.com. Additionally, we are happy to note that there is an alternative way to exercise your right toward geolocation data by yourself. If you have location services enabled, but you desire to turn them off, you can do so by taking the following steps: (i) iPhone App — Settings, Privacy, Location services, Hily; or (ii) Android App — Settings, Location, Hily, Permissions, Location;

(e) the right to object to the processing of your personal data: you have the right to object to the processing of your personal data by our services and we will consider your request. To this purpose, please provide us with details of your reasoning so that we can assess whether there is a legitimate and compelling reason for us to continue processing the data or whether we need to process it for the exercise or defense of our legal rights.

(f) a right to withdraw your consent for the collection and processing of your data by us: you can revoke your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. To exercise the right, please contact us at support@hily.com.

(g) a right to lodge a complaint with supervisory authority: if you are a UK resident, you have the right to complain to the Information Commissioner’s Office (ICO) whether you have any grievance against the way we collect, use or share your data; and

(h) a right to data portability: you may request to receive the data we hold about you in a structured, commonly used and machine-readable format, and the right to request that we transfer such data to another party (i) if the processing is necessary for the performance of the contract or (ii) if the processing is based on your consent and where the processing is carried out using automated processes. To exercise the right, please contact us at support@hily.com.

(i) The right to give post-mortem instructions: you have the right to set out instructions for the retention, deletion and disclosure of your data after your death.

8.2. We will provide information on action taken on your request related to your rights specified above within one month of receipt of the request, at the longest. That period may be extended by two additional months if we are overwhelmed by the number of requests. We will inform you of any such extension within one month of receipt of the request, together with the reasons for the delay. Please find more details in section 11 hereof.

9. Notice to California Residents

This Section here applies to California consumers only. This section also provides additional details about how we process your personal data of California consumers and the rights available to them under the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100–1798.199, the California Privacy Rights Act, and the associated regulations (collectively, the “CPPA”). 

9.1. Categories of Personal Data. For the users who are California residents, you may find the categories of personal information Hily collects and the business purposes and the sources for which your personal information is collected in section 5.4 hereof. You also may find the categories of your personal data from a statutory list set forth under the CCPA that we may collect:

(a) identifiers such as a real name, alias, unique personal identifier, online identifier, internet protocol address, email address, account name, driver’s license number, passport number or other similar identifiers;

(b) personal information, as defined in the California customer records law, such as name, physical characteristics or description, telephone number, passport number, driver’s license or state identification card number, education, employment, bank account number, credit card number, debit card number, or any other financial information, medical information (CCPA category B);

(c) characteristics of protected classifications under California or federal law (if you choose to provide them), such as age, gender identity, religion, political views (CCPA category C);

(d) commercial information, including records of products or services purchased or other purchasing or consuming histories or tendencies (CCPA category D);

(e) internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement (CCPA category F);

(f) geolocation data, such as mobile device location (CCPA category G);

(g) audio, electronic, visual and similar information, such as photos and videos (CCPA category H);

(h) professional or employment-related information (CCPA category I);

(i) inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics or a summary of these characteristics (CCPA category K).

9.2. Sensitive personal information. In addition to the collection of personal data listed in section 5.4. You also may find the categories of your sensitive personal information under the CPPAand the business purposes for which such information is collected.

We may collect your personal information concerning ethnic origin, political opinions, religious beliefs only if you add to choose by clicking a tag as indicated in section 1.3. hereof. Please be aware that only your approx geolocation and personal information concerning racial or ethnic origin, religious or philosophical beliefs may be publicly viewable and accessible both by users and non-users of the App.

If you want to limit the use of your sensitive personal information to that which is necessary to perform our Service, please see section 9.4.4. below.

9.3. Selling/Sharing of your personal information. The definition of “sale” under CPPA is broad and covers many common business activities, even when the personal Information is not exchanged for money. Hily does not sell personal information for monetary consideration; however, we may share certain personal information with third parties under circumstances which might be deemed a “sale” or “share” under CPPA for “interest-based advertising” or “cross-context behavioral advertising.” In other words, Hily may share your personal information with a third party to help serve you with personalized content or ads that may be more relevant to your interest.

The third parties, service providers and other processors with which we may share or disclose specific pieces of personal information over the 12-month period prior to the effective date of our Privacy Policy are indicated in sections 3.4-3.10. hereof. We disclose your personal information, including sensitive information, with processors, service providers and contractors indicated in sections 3.4-3.10. hereof for business purposes that it is not defined as a “sale” or “share” under CPPA. We enter a contract with them that describes the purpose and requires the recipient to both keep that personal Information, including sensitive personal information, confidential and not use it for any purpose except as described in the contract.

Hily may share in the sense of CPPA certain personal information (Advertising identifier; localization data; IP Address, Referrer; Internet connection type, Application version, Device model, Manufacturer, Operating system, Operating system version, Screen size (height, width), Screen resolution, Mobile network status; user ID; channel mode; SDK version; network type; App ID; email; localization data; approx geolocation) with our ad/ marketing partners. These third-parties may also collect information directly from you through tracking technologies such as cookies or SDKs. You may request to opt-out of the sale/sharing of your personal information, please see section 9.4.3 below on how to submit such request.

9.4. Your rights. For the users who are California residents, you have the following rights in addition to those listed in section 8.1 above.

9.4.1 The right to know what personal information is being collected and the right to know what personal information is sold or shared. You have the right to request, twice within a 12-month period, the following information about the data: 

• a) The categories of personal information Hily has collected about you.
• b) The categories of sources from which the personal information is collected.
• c) The business or commercial purpose for collecting, selling, or sharing personal information.
• d) The categories of personal information that Hily sold or shared about you and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each category of third parties to whom the personal information was sold or shared.
• e) The categories of third parties to whom Hily discloses personal information.
• f) The specific pieces of personal information it has collected about that consumer.

9.4.2. The right to delete your personal information or correct inaccurate personal information.You may request Hily to delete any personal information about you which Hily has collected. You also have the right to request Hily to correct inaccurate personal information about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

How to Submit a Request. To submit a request for information required to be disclosed and a request for deletion or correction, please contact us by email support@hily.com or go through our website at this available link  https://hily.com/support#donotshare.

9.4.3. Right to opt out of sale or sharing of personal information.You may direct Hily, that may sell or share your personal information to third parties, not to sell or share your personal information. Please note that Hily may stop to share your personal information only with third parties, Hilly may continue to share your personal information with service providers and contractors to provide you Service.

9.4.4. Right to limit the use of your sensitive personal information. You may direct Hily, that collects your sensitive personal information indicated in section 9.2. hereof, to limit the use or disclosure to that use which is necessary to perform Service.

How to Submit a Request. To submit a request not to sell or share your personal information or to limit the use of your sensitive information, please contact us by email support@hily.com or by clicking the link “Your Privacy Choices” which is located at the footer of Hily’s website.

9.5. If you choose to exercise any of your privacy rights under the CPPA, you have the right not to receive discriminatory treatment by Hily.

9.6. You are always welcome to request “pdf” copy of this Policy or any other integral part of Hily’s Terms of Use (as well as Hily’s Terms of Use themselves); just let us know by sending your request to support@hily.com.

9.7. To help protect your privacy and maintain security, we take steps to verify your identity before granting you access to your data or complying with your request. If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request and notify you the reason for refusing the request.

9.8. You may also use an authorized agent to submit your request. If you do, we may ask for evidence that you have provided the agent valid power of attorney or other written permission to submit requests on your behalf, and we may also take steps to verify your identity. Owing to a sensitive nature of your data, we reserve the right to reject, at any time, requests concerning your data submitted by any third party.

10. Notice to Virginia and Texas Residents

Consumers residing in Virginia or Texas are afforded certain additional rights with respect to their personal information under the Virginia Consumer Data Protection Act (VCDPA) and the Texas Data Privacy and Security Act (TDPSA), respectively. If you are a Virginia or Texas resident, this section applies to you.

10.1. Our collection and use of personal information You may find the categories of personal information Hily collects and the purposes and sources for which your personal information is collected in section 5.4 hereof.

10.2. Process your sensitive data. We do process your sensitive data concerning ethnic origin, political opinions and religious beliefs. We may ask to give your consent to process and these categories of your sensitive information and make them public to other users. Still, all any time, you are entitled to make us stop showing that data to others by deleting relevant tags in your profile setting.

10.3. Exercising your consumer rights: You have the right to request (1) to confirm whether or not a controller is processing the consumer’s personal data and to access such personal data; (2) To correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data; (3) To delete personal data provided by or obtained about the consumer; (4) To obtain a copy of the consumer’s personal data that the consumer previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means; (5) to opt out of the processing of the personal data for purposes of targeted advertising.

You may exercise your rights by contacting us at support@hily.com. See more details in section 11 below. We will not discriminate against you if you exercise your rights under the VCDPA or TDPSA. You may contact us at support@hily.com if you want to appeal Hily`s refusal to take action on your request. The appeal process is conspicuously available and similar to the process for submitting requests. Hily will have 60 days of receipt of an appeal to inform you in writing of any action taken or not taken in response to the appeal.

If the appeal is denied, you may contact the Attorney General of your state to submit a complaint. For Texas, you can do so at https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint, and for Virginia at https://www.oag.state.va.us/consumer-protection/file-a-complaint

10.4. Sale of personal information and process of personal information for targeted advertising. We do not sell your personal information. We do not exchange your personal data for monetary consideration with third parties, so no opt-out choice is necessary for that. However, we do process your personal information for targeted advertising in the sense of VCDPA. We display advertisements to you where such adds are based on personal data obtained from nonaffiliated websites or online applications. You can opt out of the processing of the personal data for purposes of targeted advertising by contacting us at support@hily.com.

11. Data Subjects’ Access and Erasure Requests

11.1. Method for Submitting Requests. If you are an EU user, you may exercise your right to file a request to access or delete your data by contacting us at support@hily.com or via the App. If you are a California consumer, you may exercise your privacy rights according to Section 9. For Virginia and Texas consumers, please refer to Section 10.

11.2. Timeframes. In the event you submit your request to us, we will act as follows:

(a) within 10 business days following а confirmation of receipt of your request, we may askyou to provide us with relevant data for a verification procedure;

(b) if you are a California, Virginia or Texas resident, we will have 45 calendar days following the date of your request to process your request. We may extend this period for 45 additional calendar days when reasonably necessary, taking into account the complexity and number of the requests. In the event of your failure to pass the verification process within 45 calendar days, we may deny your request or prolong the term of processing up to additional 45 calendar days; please be sure that we will notify you about our decision;

(c) if you are an EU or UK user, we will have 30 calendar days following the date that you provide us with the data required for verification to process your request. In the event of your failure to pass the verification process, we may deny your request. We are entitled to prolong the response term up to 2 months by giving you a notification.

11.3. Verification and automated decision-making. The most important step is the verification process. We will first check that we have enough information to be sure of your identity. Often, we will have no reason to doubt a person’s identity (if you contact us via the App, for example). In most case we use a combination of the automated system and a team of moderators to verify the users` identity and users are not robots. And we also want to avoid fake Hily accounts being created which can be used for malicious activities and cybercrime – they threaten the Hily network and spoil things for everyone. If you choose to verify your profile photo, our automated system will scan each photo that you submit. So, automated decision-making is necessary in order to help ensure that you are who you say you are before entering into a contract with you. This ultimately assists our efforts to prevent and respond to illegal, malicious, and unauthorized activity. We do not add the verification photos to your profile.

Hily employs automated decision-making as part of our moderation efforts to detect and remove spammers, non-compliant images, messages, bots, etc. through artificial intelligence. This processing may lead to blocking or suspension of your account on the mobile application and the restriction of your further use of the mobile application, without prejudice to other legal actions we could take.

If we have good grounds to doubt your identity, we may ask you to provide additional evidence we reasonably need to confirm your identity (human verification). For example, we may ask you for a piece of information held in your profile that we would expect you to know: your location, last 5 connections, etc. If we have serious doubts about your identity, we may ask you to share with Hily your photo with your ID document or an image of your ID document. In the event you fail the verification process, your request will be rejected.

As with any automated system, there is a chance for compliant accounts to be detected by our system as breaching our security. Please be assured that we give all our users an opportunity to express their point of view and contest the automated decision to our Support team at support@hily.com.

Photo Verification Information. If you participate in a photo verification (via pantomime), it involves the collection of a photo without any face geometry (which may be considered biometric data in some jurisdictions anyway). In our app, photo verification is as simple as taking a selfie. 

After submitting a photo, the automated system indicates if it consists of a human in general. Then, moderators (human verification) can compare the photo you submit to your profile photo to help ensure that you are who you say you are. We do not add the verification photos to your profile.

Before participating in the photo verification, you consent via pop-up that Hily uses photo verification information (which may be considered biometric data in some jurisdictions) to detect and remove spammers, non-compliant images, messages, bots. 

Purpose of using photo verification. Hily uses photo verification information solely for photo verification and security purpose. To perform the Photo Verification process, we store photo verification information on our Amazon Web Services (AWS).

Retention period of photo verification Information. We may retain the photos so that we can verify you in the future and for our record-keeping purposes. We delete photo verification information upon the termination of your profile or after two years of your continuous inactivity in our app. You can request deletion of the photo verification information by writing at support@hily.com. 

12. Third-Party Websites

12.1. The Services may contain links to websites operated and maintained by third parties, over which we have no control. Privacy policies of such linked websites may be different from this Policy. You access such linked websites at your own risk. Similarly, the Service may be accessed and used by third-party websites that we do not control. We have no control over the privacy policies of such third-party websites, and you access such third-party websites at your own risk.

13. Data Protection; Security

13.1. We incorporate commercially reasonable safeguards to help protect and secure your data. At Hily, we prioritize the privacy and security of your personal information through robust measures and continuous improvements. Our security setup is built to keep your data safe and includes these key components:

(a) Data Retention Policy: We retain your personal information only as long as necessary to fulfill the purposes for which it was collected or as required by applicable laws and regulations. This ensures that your data is managed responsibly and deleted securely when no longer needed. For more information on data retention and deletion,  please refer to Section 6. hereof.

(b) Password Policy: We enforce a strong password policy that includes requirements for minimum length, complexity, and regular changes. Passwords must contain a combination of alphabetic and non-alphabetic characters and cannot be reused for a specified number of cycles. We also utilize password management programs to enhance security​​.

(c) Multi-Factor Authentication (MFA): To enhance security, we use MFA for accessing sensitive data and systems. This adds an additional layer of protection by requiring multiple forms of verification before granting access​​.

(d) Automatic Log Out: Our systems are configured to automatically log out after a period of inactivity to prevent unauthorized access. This helps protect your personal data from being accessed if you forget to log out manually​​.

(e) Encryption and Secure Storage: We employ industry-standard encryption to protect your data both in transit and at rest, ensuring that your personal information is handled with the highest level of security.

(f) Access Controls and Monitoring: We implement strict access control measures to ensure that only a limited number of authorized personnel have access to your personal data. Access rights are regularly reviewed and adjusted as necessary to maintain security and compliance​​.

(g) Regular Security Audits and Assessments: Our team conducts regular audits and vulnerability assessments to identify and address potential security risks. This proactive approach helps us stay ahead of emerging threats and continuously improve our security measures​​.

(h) Physical Security Safeguards: We implement comprehensive physical security measures to protect personal data. This includes monitoring facility access, restricting entry to sensitive areas, positioning computers to prevent unauthorized viewing, securely storing files, and ensuring the secure disposal of both electronic and paper records.

(i) Entry control: Measures that ensure the establishment of an audit trail to document whether and by whom data have been entered into, modified in or removed from the data processing systems. Entries can only be done by authorized persons that possess the identification key and password. All logins and log-offs as well as entries into the system are logged. The integrity of the data is assured by the software design.

(j) Data transfer control: Measures that ensure that during electronic transmission, transport or storage on data carriers data cannot be read, copied, modified or deleted without authorization, and that it can be established and verified to which entities a transfer of data by means of data transmission facilities is planned. All employees have undertaken to comply with the principle of data secrecy and there are capacities for encrypted data transmissions. Furthermore, the data is deleted in accordance with data protection laws after the end of the commission.

(k) Availability control: Measures that ensure that the data is protected against accidental destruction or loss. Backup and recovery procedures with a daily mirroring of the data have been implemented. In addition, there is uninterruptible power supply and a firewall system as well as port regulations are in place.

(l) Data protection by design and default: Hily only collects data that is mandatory for the provision of the Services.

13.2. To protect you and others, we may monitor your use of the Services and use your personal data and/or other information we collect in order to:

• identify and prevent fraudulent activities and transactions, 
• prevent abuse of and investigate and/or prosecute potential threats to or misuse of the Service, 
• ensure compliance with the Terms of Use and this Policy,
•  protect the rights and property of you, Hily, its partners and other customers. 

This security monitoring may result in the collection, recording, and analysis of online activity or communications through the Services. If you do not consent to these conditions, you must discontinue your use of the Services.

13.3. We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage and processing practices to update our physical, technical and organizational security measures.

13.4. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY BREACHES OF SECURITY, DAMAGE TO YOUR DEVICE, OR ANY LOSS OR UNAUTHORISED USE OF YOUR REGISTRATION INFORMATION OR OTHER DATA.

14. Reach Us Out

14.1. We would be glad to hear from you. If you have any questions regarding this Policy, please contact us at support@hily.com or legal@hily.com.