Hinoki Privacy and Data Usage Notice

What Personal Information does Hinoki collect? How does Hinoki collect such Personal Information?

“Personal Information” is information through which a natural person is identifiable or may be identified. Hinoki collects, uses and processes your Personal Information in order to provide you with services, products or information that you request via our Websites and Apps.

The collection of Personal Information will be transparent to you, and you will have the opportunity to decide whether or not to provide it. If you choose not to provide any of the Personal Information requested, Hinoki may be unable to complete your transaction, or provide the information, services or products you have requested.

Hinoki collects information, including Personal Information, from you when you submit a form or request, register a product with Hinoki, or use our applications, such as: name, physical address, the company for whom you work, phone number, email address and fax number, the industry you work in, your interests, as well as any other Personal Information you provide to Hinoki. Hinoki may also ask you to provide information about the product you are registering or want support for (e.g. a device identifier).

Hinoki may also collect information through your use of our Websites or Apps, such as username, device identifiers, IP address, log files, and location data. For more detail, please consult the Hinoki Cookies Policy.

Your mobile or internet service providers may have a conflicting privacy position or policy that permits them to capture, use and/or retain your Personal Information when you visit the Websites or use the Apps, but Hinoki is not responsible for and does not control how other parties may collect your Personal Information when you access the Websites or Apps.

Why does Hinoki collect your Personal Information?

Our purpose in collecting this information is to provide customized services and content relevant to your specific needs and interests. Your information may be used by Hinoki to carry out our contractual obligations, reply to your request, authenticate you as a user and allow you access to certain areas of our Website, Apps or social media sites or allow you to apply for a position at Hinoki.

Except where used in support of a contract with you or to fulfill a legal obligation, our use of your Personal Information will be only for legitimate business interests as set out below.

Personal Information collected on the Websites or Apps may be used to:

• Provide requested information, items, or services;
• Respond to your request or further process your submitted form;
• Advertise products, services, promotions, trainings and events relating to Hinoki;
• Conduct basic business operations, such as communicate with customers and business planning;
• Develop new offerings, improve the quality of our products, services, Websites and Apps, improve and personalize user experience, and better prepare future content based upon your interests and those of our general user population;
• Verify your identity to ensure security for one of the other purposes listed here;
• Analyze your behavior on our Website and Apps;
• Obtain your location data in order to provide requested information or services;
• Provide investor services;
• Protect against fraud or investigate suspected or actual illegal activity;
• Respond to a legitimate legal request from law enforcement authorities or other government regulators; or
• Conduct investigations to ensure compliance with, and comply with, legal obligations.

Where is Personal Information stored?

All data, including Personal Information, is stored and processed within the United States unless you request an instance hosted in the European Union and we separately agree to provide that instance. Data for a separately agreed European Union instance is stored and processed within the European Union.

Any transfer of Personal Information associated with a separately agreed European Union instance will comply with applicable legal requirements.

Does Hinoki use your Personal Information to contact you?

Hinoki may use the Personal Information you provide to contact you about products, services, promotions, special offers, surveys, and other information that may be of interest to you. If you prefer not to receive such communications, please use the “unsubscribe” function within the communication, the Websites or Apps, or submit your request by email at [email protected].

Hinoki will ensure that any marketing communications sent by electronic means will provide a simple method for you to opt-out or unsubscribe. Please note that if you unsubscribe from marketing communications, you may continue to receive essential communications about your account or transactions with us.

We will also use your Personal Information to contact you in response to a direct inquiry or if you register to receive communications on any of the Websites, such as the Investors section if available.

Does Hinoki share the information it collects with third parties?

Hinoki may share your Personal Information with its affiliated companies and subsidiaries, such as companies in which Hinoki has control, through either direct or indirect ownership for the purposes set out above.

In addition, Hinoki will provide access to or share Personal Information on an as-needed basis with third parties, such as trusted service providers, consultants and contractors who are granted access to Hinoki facilities and systems or which provide services to Hinoki, and with government agencies and others as required by law. In particular, Hinoki will only share your Personal Information outside Hinoki to:

• Service providers, dealers, distributors, agents or contractors that Hinoki has retained to perform services on our behalf. Hinoki will only share your Personal Information with third parties whom Hinoki has contractually restricted from using or disclosing the information except as necessary to perform services on our behalf or to comply with legal requirements;
• Comply with legal obligations, including but not limited to, complying with tax and regulatory obligations, sharing data with labor/trade unions and works councils, and responding to a court proceeding or a legitimate legal request from law enforcement authorities or other government regulators;
• Investigate suspected or actual illegal activity.

Our service providers maintain and process your Personal Information within the United States, or within the European Union for an instance you have requested and we have separately agreed to provide, within an appropriate legal and contractual framework.

How does Hinoki secure Personal Information?

Hinoki is committed to ensuring the security and integrity of Personal Information. Hinoki has adopted reasonable physical, technical, organizational and administrative procedures to safeguard your Personal Information. However, due to the nature of Internet communications, we cannot guarantee or warrant that your transmission to us is secure.

How long do we keep your Personal Information?

The Personal Information you provide to Hinoki is only kept for as long as it is reasonably necessary for the purposes for which it was collected, taking into account our need to comply with contractual obligations, resolve customer service issues, comply with legal requirements and provide new or improved products and services to users. This means that we may retain your Personal Information for a reasonable period after you stopped using the Hinoki Websites or Apps. After this period, your Personal Information will be deleted from all systems of Hinoki without notice.

How can you correct, change or delete your information held by Hinoki?

You may request to access, update, correct, change, or delete your Personal Information at any time. Hinoki will use reasonable efforts to timely update and/or remove your Personal Information. To protect the user’s privacy and security, Hinoki will take steps to verify the user’s identity before making any requested access or change. To access, update, correct, change, or delete your Personal Information, to ask questions or to raise concerns regarding data protection and privacy, submit your request by email at [email protected]. Some of our Websites, Apps, and social media accounts allow you to make corrections directly at the site without need to further contact Hinoki.

Please note that while we will assist you in protecting your Personal Information, it is your responsibility to protect your passwords and other access credentials from others.

What should you understand about the third party links that may appear on this Website?

In some instances, Hinoki may provide links to non-Hinoki controlled websites, which Hinoki will make reasonable efforts to identify as such. Hinoki does not control such third-party websites, however, and cannot be responsible for the content or the privacy practices employed by other websites. Furthermore, this Privacy Notice does not govern information collected about you by third parties.

What additional information should specific users know?

Parents, Guardians, and Children

Our Apps and Websites are intended for visitors who are at least 18 years of age, or the age of majority in their jurisdiction of residence. Hinoki does not knowingly solicit information from, or market products or services to, children. If you do not meet the age requirements set out above, please do not enter your Personal Information on this or any other Hinoki Websites or Apps.

Users from California

If you are a resident of California, effective January 1, 2020, you have certain rights under the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act) (“CCPA”), including the right to:

1. Know the categories and/or specific pieces of personal information Hinoki collects, the purposes for which Hinoki uses that information, and the categories of information Hinoki discloses to third parties.
2. Access categories of personal information about you that Hinoki collects, uses, discloses and shares.
3. Delete personal information Hinoki has collected from you and require service providers to do the same, subject to certain exceptions.
4. Opt-out of the sale or sharing of your personal information by Hinoki.
5. Correct any inaccurate information Hinoki may have collected about you.
6. Limit the use or disclosure of sensitive information, such as your social security number, financial account information, geolocation.
7. Removal of content if you are under the age of 18. California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted.
8. Exercise your privacy rights without fear of discriminatory action.

Requests to exercise rights under the CCPA are subject to verification by Hinoki and are also subject to certain restrictions provided by the CCPA. We will not discriminate against California residents for exercising any of their applicable CCPA rights. While California residents have the right to opt-out of the sale of their personal information under CCPA, Hinoki does not sell personal information to third parties. If our practices change, we will update this Privacy Notice and take any necessary action to comply with applicable law.

California residents who wish to exercise their CCPA rights can contact Hinoki by email at [email protected].

California Civil Code Section 1798.83, also known as “Shine The Light” law permits California residents to annually request and obtain information that Hinoki shared with other businesses for their own direct marketing use within the prior calendar year. If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which Hinoki shared this information in the immediately preceding calendar year. To obtain this information, please contact Hinoki by email at [email protected].

Users from the European Union and other countries with privacy laws

You have the right to lodge a complaint with your national or state data protection authority, which may also be known as a supervisory authority. You also have the right to: (i) request access to and correction or erasure of your Personal Information; (ii) seek restrictions on; or (iii) object to the processing of certain Personal Information, and seek data portability under certain circumstances. To contact Hinoki about a request to access, correct, erase, object or seek restrictions or portability, please contact Hinoki by email at [email protected].

Users from the US

Hinoki does not collect Social Security Numbers through its Websites.

How might Hinoki change this Privacy Notice?

As Hinoki expands and improves its Websites and its Apps, or as legal requirements change, we may need to update this Privacy Notice. This Privacy Notice may be modified from time to time without prior notice. We encourage you to review this Privacy Notice on a regular basis for any changes. The date of the latest version will be identified at the top of the policy.

How can you contact Hinoki?

If you wish to access, correct, update or erase your Personal Information, or if you have questions about Hinoki’s privacy practices in general or a complaint, submit your request by email at [email protected]. In the event that you are located in a country that is governed by the General Data Protection Regulation and would like to contact the local Data Protection Officer, please indicate this in your email and your inquiry will be directed to the appropriate person.