HIBE TECHNOLOGIES PTE. LTD.

PRIVACY POLICY

Last Updated: October 10, 2023

WE WILL POST ANY CHANGES TO THIS PRIVACY POLICY IN A NOTICE OF THE CHANGE AT THE BOTTOM OF OUR WEB PAGE WITH A HYPERLINK THERETO. WE WILL ALSO SEND YOU AN EMAIL DESCRIBING SUCH CHANGES. PLEASE REGULARLY REVIEW THIS PRIVACY POLICY. NOTWITHSTANDING IF YOU CONTINUE TO USE OUR SERVICES, YOU ARE BOUND BY ANY CHANGES THAT WE MAKE TO THIS PRIVACY POLICY.                         

1. INTRODUCTION

Hibe Technologies Pte. Ltd. (“Hibe Technologies,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use Hibe Technologies Platform (the “Platform”) through Hibe Technologies’ website at privacy@gohibe.com,  (the “Website”) or Hibe Technologies’ mobile application, ‘goHibe’ (the “App”).

Hibe Technologies’ App, goHibe is a social gaming platform where Users can express themselves through avatars, digital fashion, moods, etc. Users can create content of their choice and meet new people. Hibe Technologies’ provides all the software tools, customization features, art libraries, 3D assets, in-app features (including their maintenance) for users to best create their avatar/s, digital fashion and moods (“Services”). While Using our Services, Users can purchase in- app virtual coins (“Coins”) and then use those coins to spend on in-app items and; other game-like or social experiences within the app.

Hibe Technologies is committed to protecting the privacy of its Users whose information is collected and stored while using Hibe Technologies’ Platform through our Website or App. This Privacy Policy is applicable to our Website, Platform and all applications offered for sale to the public.

The capitalized terms have the same meaning as ascribed in our Terms of Use[1]  or Terms of Service [2] as applicable, unless otherwise noted here.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE, APP, AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE, APP, AND PLATFORM.

IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT privacy@gohibe.com.

WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO. WE DO NOT GIVE ACCESS TO YOUR PERSONAL INFORMATION TO THIRD PARTIES EXCEPT TO SUBPROCESSORS TO ASSIST US IN THE PROVISION OF OUR SERVICES TO YOU.

2. TERRITORIAL RESTRICTION

Our Website, App, and Platform are only available for use and download outside the European Union. Our Website, App, and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website, App, or Platform. If you are a resident of the United States (“US”), the laws of the laws of the state where we are incorporated, the state where we are headquartered, and the state in which you live may apply.  If you are a resident of any other country, please ensure compliance with all local laws prior to using our Website, App, or Platform.  You must comply with this Privacy Policy and our Terms of Use[3]  and Terms of Service[4] , as applicable.

If you have any questions regarding this Section, please email us at privacy@gohibe.com.

3. WHAT INFORMATION DO WE COLLECT?

When you register to use our Website, App, or Platform, we collect personal information (also referred to as personally identifiable information or “PII”) which may include your name, address, online contact information such as your email address or username, phone number, and other personal information. The information so collected will be stored on our servers. You are able to change your personal information via email by contacting us at privacy@gohibe.com or through your profile or account settings on our Website, App, or Platform.

a. Geolocation and Equipment Information. We may collect information that does not personally identify you such as (i) your geolocation, and (ii) information about your internet connection, the equipment you use to access our Website, App, or Platform, and usage details.

b. Financial Information. We currently do not collect or store any credit cards or bank information, as we are using a third-party payment processor.  However, we will update this Privacy Policy when we start using and storing such information. We will also inform you via reasonable means if we start collecting such information from you.

c. Biometric Information. We currently do not collect any Biometric Information. We may collect Biometric Information in the future, only upon receiving your consent to do so, We will update our privacy policy when we decide to do so.

d. Your user-generated content. Users can upload on the Platform their voice recordings, face animation recordings, audio files, photos, videos, text and comments (“User Content”), as described in this Privacy Policy, and our Terms of Service. We use information to allow you to create the User Content in accordance with the Terms of Service. Please see the Section 5 of this Privacy Policy to learn how to set or change your communications preferences.

4. HOW DO WE COLLECT INFORMATION?

We collect personal information from you in the following ways:

a. In email, text, and other electronic messages between you and our Website, App, or Platform;

b. Through mobile and desktop applications your downloads from our Website, App, or Platform, which provides dedicated non-browser based interaction between you and our Website, App, or Platform;

c.   When you interact with our advertising and applications on third-party website and services, if those applications or advertising include a link to this Privacy Policy;

d. From your responses to a survey; and

e. From forms filled out by you.

We collect information from you automatically when you navigate through our Website, App, or Platform in the following ways:

a.   Usage details;

b.   IP addresses; and

c.   Information obtained through browser cookies

5. YOUR CHOICES

a. Public and Private Videos. If you do not wish to share any user-generated content you have made, you do not need to. By clicking on “Private” when you publish your content the video will be displayed only for you.

b. Camera. If you do not want our App or Platform to have access to your phone’s camera, you can disable the access on sign-up or in the settings menu of your phone. Please note that if you disable the camera the Platform will not work as intended and you will lose access to functionality such as creating animations from your movements or creating a character/avatar from a photo of you.

c. Microphone. If you do not want our App or Platform to have access to your phone’s microphone, you can disable the access on sign-up or in the settings menu of your phone. Please note that if you disable the microphone the Platform will not work as intended and you will lose access to functionality such as recording your voice or sound while creating videos.

d. Access to Photos and Videos. If you do not want our App or Platform to have access to your phone’s photo library, you can disable the access on sign-up or in the settings menu of your phone. Please note that if you disable the access to the photo library, the Platform will not work as intended and you will lose access to functionality such as being able to save videos you have created to your phone or be able to upload music, videos or photos when creating videos.

6. HOW DO WE USE YOUR INFORMATION?

We use the information that you provide to:

a.   Personalize your experience in using our Platform;

b.   Present our Website, App, and Platform and their contents to you;

c.   Provide you with notices about account and/or subscription, including expiration and renewal notices;

d.   Carry out obligations and enforce rights arising from contracts entered into between you and us, including billing and collection;

e.   Notify you about changes to our Website, App, and Platform and any products or services;

f.    Allow you to participate in interactive features on our Website, App, and Platform;

g.   Improve the Website, App, and Platform;

h.   Improve our customer service;

i.    Anonymize data and aggregate data for statistics; and

j.    Contact you for other purposes with your consent.

7. OUR COOKIE POLICY

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.”

We do not use Cookies on our Website and App.

We honor Do Not Track signals and, if one is in place, we will not track, plant cookies, or use advertising.

We do not include or offer third party products or services on our Website or App.

We do not allow third party behavioral tracking and links to third-party web pages. 

8. HOW DO WE PROTECT INFORMATION WE COLLECT?

Our Website and App receive regular security scans and penetration tests.  Our Website and App also receive regular malware scans.  In addition, our Website and App use an SSL certificate as an added security measure. We require username and passwords for our employees who can access your personal information that we store and/or process on our Platform and servers. In addition, we actively prevent third parties from getting access to your personal information that we store and/or process on our Platform and servers.  We accept payment by credit card through a third party credit card processor on our behalf.  We will implement reasonable security measures every time you (a) place an order, or (b) enter, submit, or access your information, (c) register, or (d) access our Platform, on our Website and App. 

9. DATA SECURITY MEASURES.

a. Security Measures.  We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.  The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, App, or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website, App, or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website, App, or Platform.

b. Fair Information Practice Principles.  In the event of a personal data breach, we will notify you within fifteen (15) days via email.  We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

c. Open-Source Software: We use the following open-source software in the provision of our Services, which can be found here.

10. DISCLOSURE OF PERSONAL INFORMATION

There are times when we may share Personal Information that you have shared with us may be shared by Hibe Technologies  with others to enable us to provide you over Services, including contractors, service providers, and third parties (“Partners”). This section discusses only how Hibe Technologies  may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:

Disclosure of Personal Information.

a.  We may disclose aggregated, de-personalized information about you that does not identify any individual to other parties without restriction, such as for marketing, advertising, or other uses.  

b.   We may only disclose personal information as described in this Privacy Policy or your consent.

Other Disclosure of Personal Information.

a.  We will disclose personal information (i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply our Terms of Use[5]  or Terms of Service[6]  and other agreements, including for billing and collection purposes, (iii) if we believe it is necessary or appropriate to protect the rights, property, or safety of Hibe Technologies  our customers or others, and/or (iv) if it is necessary or appropriate to protect the rights, property, or safety of Hibe Technologies, our customers, or others, and this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Third Party Disclosure.

a.   We do not sell, trade, rent, or otherwise transfer personal information to others, unless we provide you with advance notice.  This does not include our hosting partners and other parties who assist us in operating our Website, App, or Platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. 

b.   We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information (PII) unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.

11. YOUR PRIVACY RIGHTS

a. Your California Privacy Rights

i) California Civil Code.  Hibe Technologies  does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h).  Additionally, California Civil Code Section § 1798.83 permits Users of our Website, App, or Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to privacy@gohibe.com or write us at Hibe Technologies Pte. Ltd., 11 Irving Place, #09-01, Singapore – 369551. Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at privacy@gohibe.com or write us at Hibe Technologies Pte. Ltd., 11 Irving Place, #09-01, Singapore – 369551.

b. Other State Privacy Rights

This Privacy Policy explains how we collect, use, and disclose your Personal Information in the Sections above. This Section describes how to exercise your rights under the various state privacy laws as detailed below (“State Privacy Laws”)

i. Massachusetts. The Massachusetts Data Protection Law (201 CMR 17.00), sets standards for the protection of personal information of residents of Massachusetts. Residents of Massachusetts have the following rights under Massachusetts law (i) the right to request access to their personal information that is held by us and to receive a copy of that information; (ii) the right to request the correction of any inaccurate or incomplete personal information; (iii) the right to request that we delete your personal information; (iv) the right to opt-out of the collection, use, or disclosure of your personal information for marketing purposes; (v) the right to be notified in the event of a data breach involving their personal information; and (vi); the right to Opt-in for collection, use or disclosure of Sensitive Personal Information. Further, you have the right to file a complaint with the Massachusetts attorney general if you believe we have violated the Massachusetts Data Protection Law by calling (617) 727-8400 or filing a complaint at https://www.mass.gov/how-to/file-a-consumer-complaint.

ii. Colorado. The Colorado Privacy Act (Colo. Rev. Stat. § 6-1-1301 et seq.) protects the privacy of Colorado consumers. Currently, this law does not apply to us. We will update our Policy when it does.

iii.  Connecticut. Hibe Technologies does not sell, trade, or otherwise transfer to outside third parties your “Personal Data” as the term is defined under Connecticut’s Privacy Act and Act Concerning Personal Data Privacy and Online Monitoring. Connecticut Laws permits residents of Connecticut who are Users of our Website, App, or Platform that are Connecticut residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. Currently, this law does not apply to us. We will update our Policy when it does.

iv.  Utah. On March 24, 2022, Utah enacted the Utah Consumer Privacy Act (UCPA § 13-61-102(1)) which will go into effect on December 31, 2023. Currently, this law does not apply to us. We will update our Policy when it does.

v. New York: The New York Privacy Act sets strict rules about how businesses must handle consumers’ personal information and gives individuals new rights concerning data. New York residents have the rights to (i) access, correct, deletion, and disclosure regarding your Personal Information; and (ii) know what personal information is being collected about them, how it is being used, and with whom it is being shared.

vi. Virginia.  The Virginia Consumer Data Protection Act (Va. Code § 59.1-571 et seq.) effective from January 1, 2023 provides Virginia residents with certain rights regarding the collection, use, and sharing of their personal information. Currently, this law does not apply to us. We will update our Policy when it does.

A summary of your Rights. You can request access to your Personal Information, or correct or update out-of-date or inaccurate Personal Information we hold about you. You may also request deletion, withdrawal or portability of your Personal Information that we hold about you. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. You can object to Processing of your Personal Information, ask us to restrict Processing of your Personal Information or request portability of your Personal Information; if we have Processed and Process your Personal Information with your consent, then you can withdraw your consent at any time.  We may retain Information as required or permitted by applicable laws and regulations to fulfill the purposes described in this Privacy Policy. We take reasonable measures to destroy or de-identify Personal Information in a secure manner when it is no longer required.

To exercise any of the rights mentioned in Section 11(b), please (i) send an email to privacy@gohibe.com,  or (ii) write to us at Privacy Officer, 11 Irving Place, #09-01, Singapore – 369551.

Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. We have appointed a Privacy and Data Protection Officer, to make sure the privacy rights of our Users are protected.

12. COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)

The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website, App, and Platform are not meant for use by children under the age of 13. Our Website, App, and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at privacy@gohibe.com.

IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE, APP, OR PLATFORM.

13. CAN-SPAM ACT OF 2003

The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations.  Per the CAN-SPAM Act, we will:

a.   not use false or misleading subjects or email addresses;

b.   identify the email message as an advertisement in some reasonable way;

c.   include the physical address of Hibe Technologies Pte. Ltd., which is 11 Irving Place, #09-01, Singapore – 369551;

d.   monitor third-party email marketing services for compliance, if one is used;

e.   honor opt-out/unsubscribe requests quickly; and

f. give an “opt-out” or “unsubscribe” option.

If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at privacy@gohibe.com and we will promptly remove you from all future marketing correspondences.

14. MODIFICATIONS TO OUR PRIVACY POLICY

We will post any changes to this Privacy Policy in a notice of the change at the bottom of our web page with a hyperlink thereto. We will also send you an email describing such changes. Please regularly review this Privacy Policy. Notwithstanding if you continue to use our services, you are bound by any changes that we make to this Privacy Policy.

15. LIST OF THIRD-PARTY SERVICE PROVIDERS[MO7] 

Hibe Technologies  uses the following third-party service providers for the provision of services as detailed under the Terms of Use[8]  or Terms of Service[9] , as applicable

Name of Third-Party Service Provider

Contact Information

Purpose

Amazon Web Services Inc. (North Virginia, US)

Website: https://aws.amazon.com/premiumsupport/knowledge-center/aws-phone-support/

Address: 410 Terry Avenue North, Seattle, WA 98109-5210

To host our Platform and provide our Services.

Unity Technologies

Website : https://unity.com/support-services
Address : San Francisco, 30 3rd Street, United States

To develop our app

Additionally, if you have any questions or concerns about our third-party service providers, please email us at privacy@gohibe.com.

16. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.

a. Your physical or electronic signature;

b. Identification of the copyrighted work(s) that you claim to have been infringed;

c. Identification of the material on our Website, App, or Platform that you claim is infringing and that you request us to remove;

d. Sufficient information to permit us to locate such material;

e. Your address, telephone number, and email address;

f. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

g. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Hibe Technologies’ Copyright Agent to receive DMCA Takedown Notices is Shrey Goyal, at dmca@gohibe.com and at Hibe Technologies Pte. Ltd., Attn: DMCA Notice, 11 Irving Place, #09-01, Singapore – 369551. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Hibe Technologies in connection with the written notification and allegation of copyright infringement. 

17. ANTI-BRIBERY COMPLIANCE

Hibe Technologies represents and warrants that it is fully aware of and will comply with, and in the performance of its obligations hereunder will not take any action or omit to take any action that would cause it or its customers to be in violation of, (i) U.S. Foreign Corrupt Practices Act, (ii) U.K. Anti-Bribery Act, (iii) India Prevention of Corruption Act of 1988, or (iv) any other applicable anti-bribery statutes and regulations, and (v) any regulations promulgated under any such laws.  Hibe Technologies represents and warrants that neither it nor any of its employees, officers, or directors is an official or employee of any government (or any department, agency or instrumentality of any government), political party, state owned enterprise or a public international organization such as the United Nations, or a representative or any such person (each, an “Official”).  Hibe Technologies further represents and warrants that, to its knowledge, neither it nor any of the Officials has offered, promised, made or authorized to be made, or provided any contribution, thing of value or gift, or any other type of payment to, or for the private use of, directly or indirectly, any Official for the purpose of influencing or inducing any act or decision of the Official to secure an improper advantage in connection with, or in any way relating to, (A) any government authorization or approval involving Hibe Technologies, or (B) the obtaining or retention of business by Hibe Technologies.  Hibe Technologies further represents and warrants that it will not in the future offer, promise, make or otherwise allow to be made or provide any payment and that it will take all lawful and necessary actions to ensure that no payment is promised, made or provided in the future by any of the Officials.  

18. CONTACT US

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

– Privacy Officer: Shashank Singh

– Email: privacy@gohibe.com

– Address: Hibe Technologies Pte. Ltd., 11 Irving Place, #09-01, Singapore – 369551

PLEASE NOTE: IF YOU USE OUR WEBSITE, APP, OR PLATFORM, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR TERMS OF USE[10]  OR OUR TERMS OF SERVICE[11] , AS APPLICABLE.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE, APP, OR PLATFORM.