Privacy Policy

Last Modified: October 25, 2024

Hatch Studios, LLC, a Delaware limited liability company (the “Company,” “We,” or “Us”), thanks you for being part of our community.  We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy.  We strive to use information to provide the best possible service while respecting the confidentiality of information we are entrusted with.  This Privacy Policy describes the types of information that we may collect from you or that you may provide when you visit our Website and our practices for collecting, using, maintaining, transmitting, protecting, and disclosing that information.

a. This Privacy Policy also applies to all information we collect:

(i) in email, text, and other electronic messages between you and the Company or through links to the Website;

(ii) through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website;

(iii) through social media pages controlled by us or that we interact with;

(iv) when you interact with our advertising and applications, including sweepstakes, contests, or other online promotions on our Website or on third-party websites and services if those applications or advertising include links to this Privacy Policy;

b. All of the above points of contact are herein collectively referred to as “Platforms.”

c. This Privacy Policy shall not apply to information collected by:

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT.  IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, IT IS YOUR CHOICE NOT TO USE OUR WEBSITE.  BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THIS PRIVACY POLICY AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.  THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME (SEE CHANGES TO OUR PRIVACY POLICY), IN OUR DISCRETION.  YOUR CONTINUED USE OF THIS WEBSITE AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THE POLICY PERIODICALLY FOR UPDATES.

1. This privacy policy explains:

2. Websites Covered by This Privacy Policy.

d.              PLEASE BE AWARE THAT IF YOU ELECT TO HAVE US SHARE YOUR INFORMATION WITH THIRD PARTIES, SUCH AS OUR INFRASTRUCTURE AND OTHER THIRD-PARTY PROVIDERS, THOSE ELECTIONS TO HAVE YOUR INFORMATION SHARED WILL SUPERSEDE ANYTHING TO THE CONTRARY IN THIS PRIVACY POLICY.

3. Changes to Our Privacy Policy.

b.              PLEASE NOTE THAT FOR CALIFORNIA RESIDENTS THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (“CCPA”) AS REVISED BY THE CALIFORNIA PRIVACY RIGHTS ACT (“CPRA”), EFFECTIVE AS OF JANUARY 1, 2023, WILL GOVERN OUR USE AND YOUR RIGHTS WITH REGARD TO YOUR PERSONAL INFORMATION.  THIS PRIVACY POLICY HAS BEEN UPDATED TO COMPLY WITH THE CPRA AND ITS ASSOCIATED REGULATIONS.

4.              Contact Information.

5. Types of Information We Collect.

6. Information You Provide to Us.

7. Community Forums and User Submission.

8. Information We Collect Through Automatic Data Collection Technologies.

9. Information We Collect Through Video Footage.

10. Do We Collect Information From Minors?

11. What Categories of Personal Information Do We Collect?

12. How We Use Your Information.

13. With Whom We Share Your Data and How It is Used.

14. Deidentified and Aggregated Data. 

We may create aggregated, de-identified, or anonymized data from the personal information we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified, or anonymized data and disclose it to third parties for our lawful business purposes, including to analyze, build, and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.

15. Third-Party Links & Content.

16.  Security and Data Location.

17. Additional US State Privacy Rights.

18. What Are Your Other Privacy Rights If Located Outside the United States?

19. Account Information.

20. Your Privacy Choices.

EXHIBIT A

California Privacy Rights Notice

This Privacy Notice for California Residents supplements the information contained in the Privacy Policy of Hatch Studios, LLC (the “Company,” “We” or “Us”) and applies solely to all visitors, users, and others who reside in the State of California (“Consumers” or “You”).  We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2021 (“CPRA”), and any terms defined in the CCPA and CPRA have the same meaning when used in this Notice.

This Policy does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.
Where noted in this Policy, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some its requirements.

The CCPA permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year.  If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website.  To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.  We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

1.              Definition of “Resident”

a.              The California Code of Regulations defines a "Resident" as:

(i)             every individual who is in the State of California for other than a temporary or transitory purpose; and

(ii)           every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.

b.              All other individuals are defined as "Non-Residents."

c.              If this definition of "Resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

2.              Sharing Personal Information.

a.              We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we require the recipient to both keep that personal information confidential and not use it for any purpose except for use in connection with performing the services on our behalf.  The CCPA prohibits third parties who obtain the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.  We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider.  Each service provider is a for-profit entity that processes the information on our behalf.

e.              We disclose your personal information for a business purpose to the following categories of third parties:

3.              CCPA Rights. 

The CCPA provides consumers who are California residents with specific rights regarding their personal information.  This section describes your CCPA rights and explains how to exercise those rights:

a.              Access to Specific Information and Data Portability Rights.  You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months.  Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

4.              Exercising Access, Data Portability, and Deletion Rights.

5.              Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights. 

We will not discriminate against you for exercising any of your CCPA rights.  Unless permitted by the CCPA, we will not:

1. Deny you goods or services;
2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
3. Provide you a different level or quality of goods or services;
4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels.  Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects.  Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

6.              CCPA Rights Request Metrics.

Metrics regarding the consumer rights requests We received from California residents from January 1, 2023 to December 31, 2023 appear in the following chart:

Request Type: [Right to Know, Right to Delete, Right to Opt-Out]
Received: [0]
Granted (in whole or in part) : [0]
Denied: [0]
Median Days to Respond: [0]
Requests to Know: [0]
Unverifiable: [0]
Not by a California resident: [0]
Called for information exempt
from disclosure: [0]
Denied on other grounds: [0]
Requests to Delete: [0]
Requests to Opt-Out
of Personal Information Sales: [0]

7.              Other California Privacy Rights.

8.              Changes to Our Privacy Notice. 

We reserve the right to amend this privacy notice at our discretion and at any time.  When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date.  Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

EXHIBIT B

GDPR CONSUMER PRIVACY RIGHTS NOTICE

Additional Notice for European Union (EU) Residents

This GDPR Consumer Privacy Rights Notice supplements the information contained in the Privacy Policy of Hatch Studios, LLC (“Company”, “We”, or “Us”) and applies solely to all visitors, users, and others who reside in the European Union (“EU”) (“Consumers” or “You”).  We adopt this notice to comply with the General Data Protection Regulation (“GDPR”) and any terms defined in the GDPR have the same meaning when used in this Notice.

This notice explains what information we collect about you, how that information is used, who receives this information, the circumstances in which such information is shared and the steps taken to maintain this information private and secure.  If you are not resident of the EU, please refer to our privacy policy included on the first page of this document.

1. How We Collect and Use Personal Data.

a. We collect Personal Data from natural persons who are residents of the as described below.

(i) The types of Personal Data we collect:

(A) Identifiers: Includes your real name, postal address, email address, phone number, unique personal identifier, online identifier, token identifier, account name, social security number, driver’s license number, passport number, and/or other government issued number. All of these would be collected when and to the extent that you provide it to us directly or through third parties.
(B) Personal Data in Customer Records: Includes any information that identifies, relates to, describes, or is capable of being associated with a particular consumer or household, including, the “identifiers” listed in(A), and the following: signature, physical characteristics or description, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, medical information or health insurance, or any other financial information, such as: income, account balance, transaction history, payment history, credit history information when and to the extent that you provide it to us directly or through third parties.
(C) Legally Protected Characteristics: Includes date of birth/age, gender, race, color, national origin, citizenship, marital status, physical or mental disability, veteran or military status, religion or creed, medical condition, pregnancy or childbirth and related medical conditions, sexual orientation, genetic information (including familial genetic information)when and to the extent that you provide it to us directly or through third parties.
(D) Internet or Network Activity: Includes, but is not limited to, browsing history on our websites, search history, information on a consumer’s interaction with our websites or applications.
(E) Geolocation Data: Includes information such as physical location or movements.
(F) Information Typically Detected by the Senses: Includes audio information such as recordings of when you called into our customer service line; visual recordings or images such as the ones obtained through Closed-Circuit Television (“CCTV”) at our local branches or other premises; and electronic information in the form of Internet or other electronic network activity information, as described above.
(G) Employment Information: Includes current or past professional or employment-related information, including job history, performance evaluations, position details, or references.
(H) Education Information: Includes education information and qualifications that are not publicly available.
(I) Inferences from above used to Profile: Includes inferences drawn from other Personal Data, such as profiles reflecting a person’s preferences, behavior, attitudes, abilities, and aptitudes. The Company does not operate a website directed towards children or has actual knowledge that the bank is collecting or maintaining personal information from children online.

b. Sources from which we obtain your Personal Data:

(i) For each of these categories, we obtain your Personal Data from a variety of sources, including from:

(A) our customers and consumers, with respect to both online and offline interactions you may have with us or our service providers and other entities with whom you transact;
(B) others with whom you maintain relationships who may deal with us on your behalf;
(C) the devices you use to access our websites, mobile applications, and online services;
(D) credit bureaus;
(E) identity verification and fraud prevention services;
(F) marketing and analytics providers;
(G) public databases;
(H) social media platforms; and
(I) other sources consistent with this Privacy Policy.

c. Legal basis for processing:

(i) Depending on the purpose of the processing activity (see Section 2(d)), the legal basis for the processing of your personal data will be one of the following:

(A) necessary for taking steps to enter into or executing a contract with you for the services or products you request, or for carrying out our obligations under such a contract, such as when we use your data for some of the purposes in Section 2(d) (as well as certain of the data disclosures described in Section 2(e));
(B) required to meet our legal or regulatory responsibilities, including when we conduct the client on-boarding processes and make the disclosures to authorities, regulators and government bodies;
(C) in some cases, necessary for the performance of a task carried out in the public interest;
(D) necessary in order to protect the vital interests of the data subject or of another natural person;
(E) in limited circumstances, processed with your consent which we obtain from you from time to time (for instance, where required by laws other than the GDPR), or processed with your explicit consent in the case of special categories of Personal Data such as your medical information; and
(F) necessary for the legitimate interests of the Company, without unduly affecting your interests or fundamental rights and freedoms.

(ii) Where the Personal Data we collect from you is needed to meet our legal or regulatory obligations or enter into an agreement with you, if we cannot collect this Personal Data, there is a possibility we may be unable to on-board you as a client or provide products or services to you (in which case we will inform you accordingly).

2. How we use your Personal Data.

a. At the time you submit Personal Data or make a request, the intended use of the information you submit will be apparent in the context in which you submit it and/or because the Company states the intended purpose. The Company needs to collect, process and use Personal Data for a number of purposes. A primary purpose is to ensure we can provide customers with the products and services we offer and which they have requested. We also need to use Personal Data for purposes of carrying out our business operations, including confirming a person’s authority as a representative or agent of a customer, maintaining business continuity plans and processes, undertaking internal investigations and audits, handling legal claims, responding to requests form supervisory authorities, and complying with applicable laws and regulations.
b. We use the Personal Data we collect, as identified in the categories listed in Section 2(a) above, for the business purposes listed below:

(i) Financial, Legal and Compliance Management: Audits, accounting, and supporting our everyday operations, including to meet risk, legal, and compliance requirements;
(ii) Fraud Prevention: Reporting, evaluating and monitoring particular transactions and interactions, including online interactions, you may have with us or others on our behalf;
(iii) Security: Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same;
(iv) IT Operations: Debugging to identify and repair errors in our systems;
(v) Marketing/Prospecting: Short-term, transient use, including contextual customization of ads; conducting marketing and surveys associated with our products and services;
(vi) Customer Services: Providing services on your or our behalf, or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services;
(vii) Research: Conducting internal research to develop and improve technology;
(viii) Improving Products and Services: Conducting activity to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide;

(ix) Operation of our Sites: Preparing statistics, analyzing traffic patterns and performing analysis to support our operations; and
(x) Legal Proceedings: Receiving and responding to law enforcement requests, to prepare for or in support of ongoing litigation and as required by applicable law, court order, or governmental regulations.

c. We may also use the Personal Data we collect for:

(A) other operational processes,
(B) purposes for which we provide you additional notice, or
(C) purposes compatible with the context in which the Personal Data was collected.

3. Sharing of Personal Data.

a. When providing products or services to you, we will share Personal Data with other Company subsidiaries in order to ensure a consistently high service standard across our group, and to provide services and products to you.

b. In some instances, we also share Personal Data with our service providers, which provide services to us, such as IT and hosting providers, marketing providers, appraisers, adjusters, debt collectors fraud prevention providers, credit reference agencies, and others. For more information on the service providers with whom we share information, please see Reasons we can share your personal information. Whenever we disclose Personal Data, we execute a contract that describes such purpose and require the recipient to keep the Personal Data confidential and prohibit its use for any purpose other than to perform the obligations under the contract. When we do so, the Company requires such recipients to comply with appropriate measures designed to protect your Personal Data, including through contractual arrangements.
c. If required from time to time, we disclose Personal Data to public authorities, regulators, or governmental bodies, including when required by law or regulation, under a code of practice or conduct, or when these authorities or bodies require us to do so.
d. If our business or assets were sold to another party, Personal Data will be transferred as part of the transaction. The Company may also share Personal Data with prospective purchasers during the due diligence process related to the prospects of selling or transferring part of, or an entire business. The Company requires such recipients to comply with confidentiality, privacy, and other legal requirements and in response, follow security measures designed to protect your Personal Data.

e. We will disclose Personal Data when legally required, to exercise or protect legal rights, including ours and those of our employees or other stakeholders; or in response to requests from you or your representatives.

4. Transfer of Personal Data to Different Countries. 

We do business with service providers around the world and, in some instances, may transfer Personal Data to such providers in the course of doing business with them. These providers assist us with certain operations and activities. In those cases, the Company requires such recipients to comply with appropriate measures designed to protect your Personal Data, including through contractual arrangements.

5. How We Secure Personal Data. 

We implement appropriate technical and organizational measures to address the risks corresponding to our use of your Personal Data, including loss, alteration, or unauthorized access to your Personal Data. We require our service providers to do the same through contractual agreements.

6. How Long We Keep your Personal Data.

We will retain your Personal Data for as long as it is needed or permitted in light of the purposes in Section 2(d). The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you; (ii)whether there is a legal or regulatory obligation to which we are subject; and (iii) whether retention is advisable in light of our legal or regulatory obligation (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

7. Your Data Protection Rights.

a. Laws in the EU enable individuals to have appropriate control and oversight over what organizations do with your Personal Data.
b. The following are your Personal Data rights:

(i) The right to be informed about our processing of your Personal Data.
(ii) The right of erasure (right to be forgotten), which allows you to ask us to destroy your Personal Data if you believe we no longer need it, or we are using it inappropriately. However, we may continue to retain your information if we are entitled or required to retain it.
(iii) The right to data portability, which includes the right to receive Personal Data you have provided to us in a structured, commonly used, and machine-readable format.
(iv) The right of access to data that has been collected and that we process. You may ask us for a description of the Personal Data we hold and the purposes for holding it. You may ask for a paper or electronic copy of this information.
(v) The right to rectify or correct data if it is inaccurate, or to have incomplete data completed.
(vi) The right to restrict processing when you contest data accuracy, when you believe our use is unlawful, or when you wish for us to keep but not use Personal Data beyond our time limit for storage, for purposes as described above in Section 2(d).
(vii) The right to lodge complaints with a data protection authority regarding any processing by us or on our behalf.
(viii) The right to object extends to direct marketing when Personal Data is processed for direct marketing purposes, including profiling to the extent it is related to such marketing. You may object to direct marketing by clicking the “unsubscribe” link in any of our emails to you or by emailing us at help@hatchcollection.com at any time. To object to SMS marketing, you may opt out by texting “STOP”, “UNSUBSCRIBE”, “CANCEL”, or “QUIT” to any SMS message received from us.

c. The Company will seek to obtain your consent where required by applicable law. We may analyze users’ online activities, interests, and preferences in order to provide our services, such as to configure our online channels and apps for a better experience, and/or for marketing purposes. Where we process your Personal Data on the basis of your consent, you have the right to withdraw that consent at any time subject to applicable legal obligations. Please also note that the withdrawal of consent shall not affect the lawfulness of processing, based on consent before its withdrawal.

8. How to Revoke Your Consent to Our Use of Your Personal Data and Submit Privacy Related Inquiries.

a. You can direct all requests relating to access, correction, and other legal rights regarding Personal Data, or any questions regarding this Notice, by emailing us at help@hatchcollection.com.
b. We try to respond to all authenticated requests in relation to your legal rights within one month. Occasionally it may take us longer than a month to respond, if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
c. You may also submit a general privacy related inquiry in accordance with applicable laws and regulations. We will respond to such requests in accordance with applicable laws.
d. Please issue such requests by sending a completed inquiry to us via email at help@hatchcollection.com. Please provide your name and contact information along with your inquiry.

9. Changes to Our Privacy Notice.

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.