Legal

1. Overview

Hood By Air World LLC, and its affiliates (collectively, “HBA,” “we,” “us,” “our”) respect your privacy and are committed to protecting the personal data we hold about you. If you have questions, comments, or concerns about this Privacy Notice or our processing of personal data, please see the bottom of this Privacy Notice for information about how to contact us. HBA is the controller of the personal data collected, and is responsible for the processing of your personal data.

This Privacy Notice explains our practices with respect to personal data we collect and process about you. This includes information we collect through, or in association with, our website located at http://www.hoodbyair.world, any apps that we may provide, our products and services that we may offer from time to time via our website and/or related apps, our related social media sites, or otherwise through your interactions with us (the website, products, services, and social media pages, collectively, the “Services”).

Please review the following to understand how we process and safeguard personal data about you. By using any of our Services, whether by visiting our website or otherwise, and/or by voluntarily providing personal data to us, you acknowledge that you have read and understand the practices contained in this Privacy Notice. This Privacy Notice may be revised from time to time, so please ensure that you check this Privacy Notice periodically to remain fully informed.

Personal Data We Collect

Categories of Personal Data We Collect
How We Use Your Personal Data
How We Obtain Your Personal Data
Legal Bases for Processing
Who We Share Your Personal Data With
Personal Data We Share

Your Rights regarding Personal Data

Accessing, Modifying, Rectifying, and Correcting Collected Personal Data
Your California Privacy Rights
Your Nevada Rights
Your European Union Privacy rights

Your Choices

Communications Opt-Out
Cookies, Web Tracking, and Advertising

Protecting Personal Data
Retention of Personal Data
Sale of Personal Data

Notice of Right to Opt-Out

Other Important Information About Personal Data and the Services

Collection of Personal Data from Children
Third-Party Websites and Services
Business Transfer
Do Not Track
International Use

Modifications and Updates to this Privacy Notice
Applicability of this Privacy Notice
Additional Information and Assistance

2. Personal Data We Collect

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal data”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal data. To the extent this data is stored or associated with personal data, it will be treated as personal data; otherwise, the data is not subject to this notice.

a. Categories of Personal Data We Collect

The types of personal data we collect about you depends on your interactions with us and your use of the Services. In the past twelve (12) months, we collected the below categories of personal data from our users:

Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, and email address.
Payment (credit/debit) card information.
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our Services and advertisements.
Inferences drawn from any of the information above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We will not collect additional categories of personal data other than those categories listed above. If we intend to collect additional categories of personal data, we will provide you with a new notice at or before the time of collection.

b. How We Use Your Personal Data

We collect and process your personal data for the following business and commercial purposes:

Communicating with you by email, about products, services, order status, and information tailored to your requests or inquiries.
Marketing our products and services to you, including sending you messages about the products and services we offer, which may include contests, rewards, events, and special offers for products and services;
Auditing related to interactions with our users and concurrent transactions, such as counting ad impressions to unique visitors or verifying positioning and quality of ad impressions.
Providing customer service and maintaining or servicing accounts.
Processing or fulfilling orders and transactions or processing payments.
Operating, maintaining, and improving the quality of the Services and such content, products and/or services available through the Services.
Detecting security incidents, protecting against fraudulent or illegal activity.
Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.

We will not use the personal data we collected for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.

c. How We Obtain Your Personal Data

We collect your personal data from the following categories of sources:

Directly from you. When you provide it to us directly whether online, by email, phone, or in-person.
Automatically or indirectly from you. For example, through logging and analytics tools, cookies, pixel tags, and as a result of your use of and access to the Services.
From our Service Providers. For example, order processing and fulfillment services, commercial email providers, security consultants, and other Service Providers we engage.

d. Legal Bases for Processing

We process personal data for, or based on, one or more of the following legal bases, depending on the particular data and purpose:

Your Consent. When we expressly request and obtain your consent for the particular processing.
Performance of a Contract. We may process personal data provide the products or services you request, and to respond to inquiries with respect to the products and services.
Legitimate Interests. We may process personal data for our legitimate interests, including improving our products and services; providing information about our products and/or services; ensuring network and information security; and for administrative, fraud detection, and legal compliance purposes.]
Compliance with Legal Obligations and Protection of Individuals. We may process personal data to comply with the law and our legal obligations, as well as to protect you and other individuals from certain harms.

e. Who We Share Your Personal Data With

We share personal data with the following categories of parties:

Our service providers.
Our affiliated entities.
Our partners or prospective partners.
Third parties we engage with to provide or enhance our products, services, marketing, or business and operations.
Government agencies or regulations when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, or safety, and/or that of our users and others.

We do not and will not knowingly sell the personal data of minors under the age of 16.

3. Your Rights Regarding Personal Data

You have certain rights regarding the collection and processing of personal data. You may exercise these rights, to the extent they apply to you, by contacting us at the information provided at the end of this Privacy Notice, or by following instructions provided in this Privacy Notice or in communications sent to you.

Your rights vary depending on the laws that apply to you, but may include:

The right to know whether, and for what purposes, we process your personal data;
The right to be informed about the personal data we collect and/or process about you;
The right to learn the source of personal data about you we process;
The right to access, modify, and correct personal data about you (see the “Accessing, Modifying, Rectifying, and Correcting Collected Personal Data” section below for more information);
The right to know with whom we have shared your personal data with, for what purposes, and what personal data has been shared (including whether personal data was disclosed to third parties for their own direct marketing purposes);
The right to withdraw your consent, where processing of personal data is based on your consent; and
The right to lodge a complaint with a supervisory authority located in the jurisdiction of your habitual residence, place of work, or where an alleged violation of law occurred.

See “Your California Privacy Rights”, “Your Nevada Privacy Rights”, and “Your European Union Privacy Rights” for more information about certain legal rights.

a. Accessing, Modifying, Rectifying, and Correcting Collected Personal Data

We strive to maintain the accuracy of any personal data collected from you, and will try to respond promptly to update our records when you tell us the information in our records is not correct. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us, and notify us as soon as possible of any updates or corrections.

Depending on the laws that apply to you, you may obtain from us certain personal data in our records. If you wish to access, review, or make any changes to personal data you have provided to us through the Services, please contact us at the information provided at the end of this Privacy Notice. We reserve the right to deny access as permitted or required by applicable law.

a. Your California Privacy Rights

California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. However, we do not disclose personal data protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

The California Consumer Privacy Act of 2018 (“CCPA”) provides our users who are California residents the following additional rights:

Right to Know: You have the right to request that we disclose certain information to you about the personal data we collected, used, disclosed, and sold about you in the past 12 months. This includes a request to know any or all of the following:
- The categories of personal data collected about you;
- The categories of sources from which we collected your personal data;
- The categories of personal data that we have sold or disclosed about you for a business purpose;
- The categories of third parties to whom your personal data was sold or disclosed for a business purpose;
- Our business or commercial purpose for collecting or selling your personal data; and
- The specific pieces of personal data we have collected about you.
Data Portability: You have the right to request a copy of personal data we have collected and maintained about you in the past 12 months.
Right to Deletion: You have the right to request that we delete the personal data we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal data, we may deny your request or may retain certain elements of your personal data if it is necessary for us or our service providers to:
- Complete the transaction for which the personal data was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Otherwise use the personal data, internally, in a lawful manner that is compatible with the context in which you provided the information.
Right to Opt-Out/In: You have the right to opt-out of the sale of your personal data. You also have the right to opt-in to the sale of personal data. Please see the “Notice of Right to Opt-Out” section below for more information about your opt-out/in rights.
Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

To exercise your California privacy rights described above, please submit a verifiable request to us by:

Emailing us at datarequests@hoodbyair.world

Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information.

You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12-month period. The verifiable consumer request must:

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

We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.

Consumer Request by an Authorized Agent

If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent, along with all of the below items:

To verify your authorization to request on behalf of a California resident, provide one or more of the following: (1) written permission from the California resident or (2) a power of attorney from the California resident.
Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
To verify the identity of the California resident for whom the request is being made, sufficient identifying information.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require to create an account with us. However, if you do have an existing login, we will require you to log in to submit a request. We will only use Personal Information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.

We will acknowledge receipt of the request within ten (10) days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.

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

c. Your Nevada Privacy Rights

Nevada law permits our users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold.

c. Your European union Privacy Rights

[In addition to the above-listed rights, European Union privacy law provides individuals with enhanced rights in respect of their personal data. These rights may include, depending on the circumstances surrounding the processing of personal data:

The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
The right to request restriction of processing of personal data or object to processing of personal data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) performance of a task in the public interest;
In certain circumstances, the right to data portability, which means that you can request that we provide certain personal data we hold about you in a machine-readable format; and
In certain circumstances, the right to erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain personal data we process about you.

Note that we may need to request additional information from you to validate your request. To exercise any of the rights above,

4. Your Choices

You have choices about certain information we collect about you, how we communicate with you, and how we process certain personal data. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services. In addition, it is possible to change your browser settings to block the automatic collection of certain information.

Communications Opt-Out. You may opt out of receiving marketing or other communications from us at any time through a given communications channel (such as email by following the opt-out link or other unsubscribe instructions provided in any email message received, by contacting us as provided at the end of this Privacy Notice.

Note that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).
Cookies, Web Tracking, and Advertising. Consult our Cookie Notice for more information about how to control and/or opt out of certain web tracking technologies and/or advertising providers from collecting information about you.

5. Protecting Personal Data

We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal data.

However, no method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is or will be secure.

6. Retention of Personal Data

Your personal data will not be kept in a form that allows you to be identified for any longer than we reasonably consider necessary to accomplish the purposes for which it was collected or processed, or as permitted or required by applicable laws related to data retention. The retention period for your personal data is determined based on the purpose of processing of the particular data, generally based on the following criteria:

If you have not made a purchase from us, but have otherwise engaged with us, for 2 years from our last communication or contact;
If we have a commercial relationship (e.g. you have made a purchase), then for the duration of your commercial relationship with us, and for 2 years thereafter.

Thereafter, as a general matter, your personal data will be archived and stored to be used and otherwise processed in the event of legal or regulatory requirements, statutes of limitations, disputes, or actions, and will be stored and, if applicable used and otherwise processed, until reasonably after the end of any such requirement, limitation, dispute, or action, including any potential periods of review or appeal.

Thereafter, your personal information will be anonymized, deleted or archived as permitted by applicable law.

7. Sale of Personal Data

Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

We do not and will not knowingly sell the personal data of minors under the age of 16 without affirmative authorization.

a. Notice of Right to Opt-Out

8. Other Important Information About Personal Data and the Services

Collection of Personal Data from Children. Children under 16 years of age are not permitted to use the Services, and we do not knowingly collect information from children under the age of 16. By using the Services, you represent that you are 18 years of age or older, or are 16 years of age or older and have valid parental consent to do so.
Third-Party Websites and Services. As a convenience, we may reference or provide links to third-party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business. When you access these third-party services, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. This Privacy Notice does not apply to any third-party services; please refer to the Privacy Notices or policies for such third-party services for information about how they collect, use, and process personal data.
Business Transfer. We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal data we obtain from or about you via the Services may be disclosed to any potential or actual third-party acquirers and may be among those assets transferred.
Do Not Track. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms.

Note, however, that you may find information about how to block or reject certain tracking technologies in our Cookie Notice.
International Use. Your personal data will be stored and processed in the United States and Canada. If you are using the Services from outside the United States or Canada, by your use of the Services you acknowledge that we will transfer your data to, and store your personal data in, the United States and/or Canada, which may have different data protection rules than in your country, and personal data may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States and/or Canada.

9. Modifications and Updates to this Privacy Notice

This Privacy Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this Privacy Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this Privacy Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revised Privacy Notice will constitute your acknowledgement of the amended Privacy Notice.

10. Applicability of this Privacy Notice

This Privacy Notice is subject to any agreements, including the [Terms of Use] that govern your use of the Services. This Privacy Notice applies regardless of the means used to access or provide information through the Services.

This Privacy Notice does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Services. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.

11. Additional Information and Asistance

If you have any questions or concerns about this Privacy Notice and/or how we process personal data, please contact us at:

Hood By Air
874 Walker Road, Suite C
Dover, Delaware 19904
datarequests@hoodbyair.world

Last Updated: July 2020