Privacy Policy - the fileist

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Customer Service

Privacy Policy

Hats On, LLC, a California limited liability company doing business as The Fileist (“The Fileist”, “we”, “our”, “us”) with principal offices at 1077 Pacific Coast Highway, Suite 162, Seal Beach, CA 90740 USA and privacy contact email hello@thefileist.com operates the websites located at the URL www.thefileist.com (the “Website”).

Effective date: September 2, 2022

Scope of Policy
This Privacy Policy explains how we collect, use, disclose and manage your personal information that you provide to us when using the Website or otherwise, as well as our privacy practices. This Privacy Policy applies, without limitation, to any individual or entity that (i) uses the Website, (ii) creates an Account (as defined in our Terms of Service), or (iii) otherwise provides any personal information to us.

Please note that this Privacy Policy contains separate components with varied rights that may apply to you differently depending upon where you live or where you are accessing the Website. 

WHEN YOU ACCESS OR USE THE WEBSITE, OR OTHERWISE PROVIDE ANY INFORMATION TO US, YOU AGREE TO THIS PRIVACY POLICY, INCLUDING THE MANNER IN WHICH WE USE YOUR INFORMATION, WHETHER OR NOT YOU HAVE AN ACCOUNT WITH THE FILEIST. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE SUBSEQUENTLY MAKE TO THIS PRIVACY POLICY, YOU MUST IMMEDIATELY STOP USING THE WEBSITE OR OTHERWISE PROVIDING ANY INFORMATION TO US.

To the extent the Website contains links to other websites, this Privacy Policy does not apply to information collected on or through any such third party websites. We are not responsible for the privacy practices of such third parties or the content of their websites. Such third parties have their own privacy policies and you should review those privacy policies to determine their privacy practices.

Information Collected
We collect the following information:

  • Contact and Account Information: Your name, addresses, telephone numbers, email addresses, date of birth, username, password and any other contact that you provide us either through our Website;
  • Service Provider Information: Information about the mobile or internet service provider you are using with your device to access the Website and/or send us messages, including name and IP address.
  • Messages: The date, time and content of any messages you send to us;
  • Payment Information: Credit/debit card and other billing information, including cardholder transaction data, card numbers, expiration dates, billing addresses and CVV codes;
  • Sweepstakes or Contests: We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
  • Technical Information: IP address and other technical information collected from the servers utilized by you, such as information and data that is automatically collected upon visiting the Website (i.e., webpage http headers (home server domain names, internet protocol address, operating system type, browser type and language) and information on what pages you access and other information about the way(s) in which you use the Website).
  • Other: Other information you provide to us when you use the Website or otherwise interact with us.
  • Information listed above which we aggregate and/or anonymize so that it is not linked to you.

How Information is Collected
We collect information through one or more of the following ways:

  • the completion of electronic forms found on the Website or on a third party-hosted website, whether via computer or mobile device;
  • surveys and/or quizzes;
  • the maintenance and analysis of Website server logs; and
  • “cookies” (small text files placed by us on your computer(s)), single pixel GIF image files (also called “Web beacons”), Website server log analysis and other similar technological means. See “Use of Web Technologies” Section below.

Use of Information Collected
We use the information we collect:

  • to authenticate and verify individual identities, including requests to exercise your rights under this policy.
  • to provide customized information and offers of products and services, including to enable third party services to display customized content and advertising provided by us.
  • to manage and communicate with you about your account with us, including responding to your questions and providing customer or technical support.
  • for the purposes of processing payments and fulfilling orders for products or services placed by you, processing your request to use our interest-free payment plans and order fulfillment and tracking.
  • for statistical purposes.
  • to provide information about our company such as newsletters or other communications, and to deliver advertising and promotional information from our partners and third party vendors.
  • to improve our technologies including for the purpose of enhancing your experience on the Website.
  • to provide marketing messages, promotions, offers of products and services and other content which we think will be of specific interest to you, where you have consented (or not opted out, as applicable).
  • to manage and secure our operations including for detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity; debugging to identify and repair errors with our Website; and auditing relating to interactions, transactions and other compliance activities.
  • to enforce our agreements and policies
  • to comply with our legal obligations.

We store or transfer your credit/debit card data in order to more easily provide services to you. If such credit/debit card and other billing information is collected and/or stored, such credit/debit card and other billing information will be collected and transferred over a secure connection in accordance with applicable regulatory requirements, and is used only for processing underlying transactions.

Where you have consented (or not opted out, as applicable), we add your information to our databases to contact you through future emails, postal mailings and SMS text-messaging regarding site updates, upcoming events, new products and services and/or the status of orders placed online. We do not currently use geolocation for purposes of tracking your location when you use the Website, but we reserve the right to do so in the future in order to better target product and service offerings and other information to you.

Sharing of Information Collected with Third Parties
We reserve the right to rent or sell the information we collect from you to third parties.

We also share your information with certain third parties in other circumstances, including when complying with legal process, preventing fraud or imminent harm and/or ensuring the security of our network and services.

We will share certain of your information with third parties for the purposes of fulfilling orders for products or services placed by you. We will share your credit/debit card data only with those directly involved in the processing of the underlying transaction, and who maintain appropriate security measures designed to safeguard such information.

When we use third parties to assist us in collecting and/or processing your personal information, we typically request that they comply with this Privacy Policy and any other appropriate confidentiality and security measures. However, we make no representation or warranty that such third parties will comply with any such request.

In the event that we go through a business transition, such as a merger, acquisition or sale of our assets, your personal information will likely be among the assets transferred. You will be notified of any such change in ownership or control of your personal information. We transfer your information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

We may also use and disclose your information to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. Other than to the extent use and disclosure is pursuant to a court order, we will require such parties and successors in interest to treat your information in accordance with this Privacy Policy and to use and disclose it only for the purposes for which it was collected.

We reserve the right to release information to law enforcement or other governmental officials as we, in our sole discretion, deem necessary to comply with applicable law.

Use of Web Technologies Cookies
A cookie is a small text file that is stored on a user’s computer for record keeping purposes. We use cookies on the Website. We link the information we store in cookies to personally identifiable information that you submit while on the Website. We use both session ID cookies and persistent cookies. A session ID cookie expires when a browser is closed. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on the Website. You can remove the persistent cookies by following the directions provided in your internet browser’s “help” file. If you reject cookies, you can still use the Website but your ability to use particular areas of the Website will be limited.

Tracking Pixels
We employ a software technology called tracking pixels (a/k/a web beacons/web bugs/clear gifs) that enables us to better manage the content on the Website by informing us what content is effective. Tracking pixels are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of visitors to a website. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on website pages and are about the size of the period at the end of a sentence. We do not tie the information gathered by tracking pixels to your personally identifiable information.

Log Files
As is true of most websites, we gather information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track the movements of users around the Website and to gather demographic information about our user base as a whole.

What types of cookies and other Web Technologies do we use and how do we use them?

The types of cookies and similar technologies used by us and our partners in connection with the Website can be classified into one of three categories, namely ‘essential Website cookies’, ‘functionality cookies’, and ‘analytics and performance cookies’. Cookies do a lot of different tasks to ensure you enjoy your visit to our Website, for example, they are used to remember your preferences on our Website, and to help you navigate between pages more efficiently. We have set out some further information about each category, and the purposes of the cookies we set in the following table.

You can block these cookies and similar technologies by changing your browser setting. However, in relation to those that are essential for the operation or improve the functionality of the Website, this may impact your use of the Website.

Type of cookie
Cookies necessary for essential Website purposes

What it does
These cookies are essential to provide you with the Website and any services available through this Website and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible.

Type of cookie
Functionality Cookies

What it does
Functionality cookies record information about choices you’ve made and allow us to tailor the Website to you. These cookies mean that when you continue to use or come back to the Website, we can provide you with our services as you have asked for them to be provided.

These cookies allow us to:

  • Save your location preference;
  • Remember settings you have applied, such as layout, text size, preferences, and colors;
  • Show you when you are logged in; and
  • Store accessibility options.

Type of cookie
Performance Cookies

What it does
We use performance/analytics cookies to analyze how the Website is accessed, used, or is performing in order to provide you with a better user experience and to maintain, operate and continually improve the Website.

We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the Website. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our site. This information is used to compile reports and to help us improve our Website. The reports disclose website trends without identifying individual visitors. For more information on Google Analytics, see here . You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.

These cookies allow us to:

  • Better understand our Website visitors so that we can improve how we present our content;
  • Test different design ideas for particular pages, such as our homepage;
  • Collect information about Website visitors such as where they are located and what browsers they are using;
  • Determine the number of unique users of the Website;
  • Improve the Website by measuring any errors that occur; and
  • Conduct research and diagnostics to improve product offerings.


For US Users: Do Not Track
When you use the Website, you may have set your browser or other means used to access the Website to send “do not track” requests to us. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.

Security
We take reasonable precautions to protect the confidentiality and security of your personally identifiable information by using industry recognized security safeguards. Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your personally identifiable information within industry standards, we cannot guarantee its absolute security.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personally identifiable information. 

No Information Collected from Children
The content and services provided by the Website, are not intended for anyone under the age of 18 and you should not access such content or services if you are under the age of 18. No information is knowingly collected or retained from children under the age of 13, nor is any such information knowingly used for any marketing or promotional purposes whatsoever, either inside or outside the Website. No part of the Website is designed to attract anyone under the age of 13. Children are not eligible to use any services provided by us and we ask that children under the age of 13 not submit any personal information to us or visit the Website.

If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us at hello@thefileist.com. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it.

Opting Out
If you want to be removed from our marketing list and do not want us to send you email or other messages about our products and services, you can opt out. To do so, please send an email to hello@thefileist.com, with the word “REMOVE” in the subject line.

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please email us at hello@thefileist.com.

Privacy Policy Updates
We reserve the right to change this Privacy Policy at any time, so please review it on a regular basis. Any changes made to this Privacy Policy will be posted here and we will notify you of any material changes. The date stamp at the top of the page represents the last day this Privacy Policy was updated. If you have questions about this Privacy Policy, you can contact us at hello@thefileist.com. By maintaining an Account with us, or by using or accessing any services provided by us or the Website, you will be deemed to have acknowledged our Privacy Policy.

Manage Accurate Information
If your personally identifiable information changes, or if you no longer choose to use our services or the Website, you can contact customer service by email, telephone or postal mail at the contact information listed below. 

International Users
The Fileist is based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Website, an Account, or any services provided by us will be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States will be different from similar laws in your country of residence. By using the Website, or by providing us with your information, you consent to the collection, transfer, storage and processing of information to and within the United States. If our cookies or other software detects IP addresses located in a country outside the United States, we reserve the right to deny access to any and all of our services.

EU Users
If you are in the EU, you have certain additional rights and protections under the law regarding the collection and processing of your personal data.

Legal Basis for Processing

If you are in the EU, we will collect and process your personal data:

  • To perform our responsibilities under our contract with you (e.g. processing payments for and fulfillment of the goods you have ordered);
  • When we have a legitimate interest in collecting and processing your personal data in order for us to run a successful commercial organization (e.g. to communicate with you about updates regarding your order, to advertise products to specifically tailored for you, and send you updates to this policy);
  • Where you have given your consent – please note that you can withdraw your consent at any time by emailing hello@thefileist.com; or
  • To comply with our legal or regulatory obligations.

Recipients

We share your information with selected recipients. These categories of recipients include:

  • cloud storage providers located in the United States, and which currently stores your personal data in the United States, to store the personal data you provide and for disaster recovery services, as well as for the performance of any contract we enter into with you;
  • IT service providers located in the United States that provide us with SaaS services, who we use to store our customer relationship management information, etc.;
  • analytics and search engine providers located in the United States and which currently store your personal data in the United States that assist us in the improvement and optimization of the website; and

Data Subject Requests

If you are a user in the EU, you have the right to access personal data we hold about you and to have certain personal data corrected or erased. You also have the right to data portability, and to restrict certain processing of your data in certain circumstances. You also have the right to complain to your data protection authority if you have any complaints about how we process your personal information.

You have the right to object to our processing of your personal data at any time, and you can withdraw your consent to marketing at any time.

To make any of these requests please email hello@thefileist.com. We will respond as soon as practicable and no later than one month after receipt of your request. We will request proof of identification to verify your identity.

We reserve the right to deny or restrict fulfillment of your request in certain cases, such as when your access to data places another individual’s privacy rights at risk, or the continued processing or your data is necessary to comply with a legal obligation. If so, we will notify you of the reason(s) for this denial.

Questions or Complaints

In the event that you have a concern about our collection and processing of your data, please contact us first at hello@thefileist.com and we will do our best to fix it. You also, have the right to lodge a complaint directly with your local supervisory authority.


California Residents
The table below explains the categories of information that we have collected in the past 12 months, the sources of that information, the purpose for that collection and the categories of third parties with whom we share that information. 

Category
User provided information (e.g. identifiers, such as, first name and last name, email address, phone number)

Purpose of Collection
We use this information to provide the services you request, fulfill your orders, answer and manage your questions or complaints, provide you with information you request, for advertising and marketing purposes, run analytics, statistics and research and to tailor your experience on our services.

Disclosed to Third Parties
We may need to disclose this information to service providers such as our cloud storage, payment processing and interest-free payment plans, order management, shipping fulfilment and tracking, data analytics, logging and operations providers. We may also disclose this information to third parties for advertising and marketing purposes or to jointly offer products and services.

Category
Sweepstakes responses

Purpose of Collection
We use your sweepstakes responses to improve our services and better understand your preferences.

Disclosed to Third Parties
We may need to disclose this information to service providers such as our cloud storage providers and data analytics providers.

Category
Website usage information (e.g. order history, pages viewed, and customer service inquiries)

Purpose of Collection
We use this information to better understand how you use the service and to customize your experience on our services.

Disclosed to Third Parties
We may need to disclose this information to service providers such as our cloud storage, payment processing, order management, shipping fulfilment, data analytics, and operations providers.

Category
Inferred Data (e.g. inferred user information, preferences or tastes)

Purpose of Collection
We may use this information to provide you with recommendations and customize your experience, optimize or improve our services, and run analytics, statistics and research.

Disclosed to Third Parties
We may need to disclose this information to service providers such as our cloud storage, data analytics, logging and operations providers.

The California Consumer Privacy Act of 2018 (the “CCPA”) has defined a “sale” to include any transfer of personal information by us to another entity for anything of value. For these purposes, in the past 12 months, we have “sold” (for the purposes of the CCPA) the following categories of personal information:

  • commercial Information (e.g., purchases and pages viewed); and
  • inferred Data (e.g. inferred user information, preferences or tastes).

to third parties for a business or commercial purpose.

As applicable under the CCPA, from January 1, 2020, if you are a California resident, you may make requests to us as set out below. We will review all requests received and determine the extent to which and how to respond. We will not discriminate against any California resident who makes such requests.

Right to access/know

You may request from us a list of: (i) the personal information that we have collected about you; (ii) the categories of third parties to whom we have disclosed your personal information; and (iii) the categories of third parties to whom we have sold your personal information. You have the right to up to two (2) access requests each twelve (12) months.

Right to delete your personal information

You may request to delete your account and your personal information.

Right to opt-out from the sale of your personal information

You may request, at any time, to direct us to stop “selling” (for the purposes of the CCPA) your personal information.

Making Requests

You may contact us to make the requests described above by contacting as indicated below in the Contact Us section. We will not use the information you provide as part of your request for any other purpose other than to fulfill your request.

To ensure the privacy and protection of individuals, we are required to verify or otherwise authenticate your request(s). To verify your request for access or deletion of your personal information, please submit your request via email. We will use the information you submit to verify your request prior to completing your request.

You may also submit such requests through an authorized agent. To designate an authorized agent, please send us a notarized power of attorney / notarized letter authorizing said agent. Requests from agents that do not submit such proof that they have been authorized by you to act on their behalf will be denied.

Other Requests

As a California resident, you may contact us with any questions or to request a list of third parties to whom we may disclose your information for such third parties’ marketing purposes and the categories of Information we may disclose.

See the Contact Us section below to make such requests.

Nevada Residents
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at hello@thefileist.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.

Data Retention
We will retain your information as long as needed to enable you to access the Website or otherwise interact with you, and for as long as you or we can bring a legal claim.

After you have terminated your use of our services, we may store your information in an aggregated and anonymized format.


Contact Us
If you have any questions or suggestions regarding this Privacy Policy, please contact us as follows:

By mail:

TopTote, LLC
c/o AltView Law Group, LLP
12100 Wilshire Blvd., Suite 800
Los Angeles, CA 90025
Attn: Legal Department

By email: hello@thefileist.com