Effective date: July 1, 2020
Hyper Ice, Inc., doing business as Hyperice, (“Hyperice,” “us”, “we”, or “our”) operates the website https://www.hyperice.com and affiliated websites and mobile applications (“Websites”), and provides various services to our community members, including providing products that utilize ice, heat, percussion, compression and vibration to help every athlete move better (hereinafter collectively referred to as the “Services”).
This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of your data – including your personal information – when you use our Services, and the choices you have associated with that data.
Our Privacy Policy is designed to advise you about how we collect, use, protect, and disclose the information that we collect and/or receive about you. It also explains your privacy rights, and how you can manage the privacy of your Personal Information. Please note that this Privacy Policy does not govern the practices of third parties, including our partners, third party business facilitation partners, and/or advertisers, even when those services are branded as, or provided on behalf of, Hyperice. Information collected from you by others, such as third party websites that you access through links on the Websites, are governed by those entities’ privacy policies.
We use your information to provide the Services that you request and to improve the Services we offer to you. By using our Services, you agree to the collection and use of information in accordance with this Privacy Policy and Terms of Service.
We collect several different types of information for various purposes to provide and improve our Service to you.
When you access our Services with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, your mobile device’s IP address, your mobile device’s operating system, the type of internet browser you use, unique device identifiers, and other diagnostic data.
At times and under certain circumstances, the type of Generic Information or Usage Data collected as well as the combination of various types of data may qualify as Personal Information, and will be treated as Personal Information in those cases.
Some of the cookies we use are “strictly necessary” for the functionality of our Websites. Others improve the functionality of our Websites but are not strictly necessary. Some cookies help improve the performance of our Websites (such as by gathering analytic data), while others help provide targeted services to you (like ads that you may be interested in).
Examples of Cookies and other technologies we may use include:
o First party cookies
§ Session Cookies. We use Session cookies to operate our Websites. Session cookies are temporary and are automatically deleted once you close your Internet browser.
§ Preference Cookies. We use Preference cookies to remember your preferences and various settings. Preference cookies remain on your computer hard drive until you delete them or until they are otherwise removed upon expiration.
o Third Party Cookies and Pixel Tags
§ Cookies. Hyperice permits third-party business facilitation partners, advertisers, and other companies to use cookies or other similar technologies on our Websites, such as Google Analytics and Facebook. These companies may collect your information, track your behavior on our Websites, and gather information about your use of our Websites or Services and other online services over time and across different services. Additionally, some companies may use information collected to deliver targeted ads on behalf of us or other companies, including on other websites or online services. The hyperice.com website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS. We are not responsible for the functioning of cookies and other technologies used and placed by third parties on your device. s
§ Pixel tags. Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow us to measure response to our communications and improve our web pages.
o Other Technologies. We collect many different types of information from other technologies to improve the quality of our Websites and the services we provide. For example, we may collect Usage Data and other information about the device you use to access our Website, your operating system and/or mobile device type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. We may record the IP address of the device you use to connect to the Internet.
Your Cookie Choices
You may set your browser to block or otherwise control what cookies your browser or mobile device accepts via your browser or mobile device settings. Additionally, you can choose to modify your settings and delete those cookies that are otherwise stored on your device at any time. Please consult the instructions provided by your browser or your mobile device’s manufacturer to determine how you can limit the placement of and/or remove cookies or other technologies. Please note, however, that limiting or disabling the use of cookies and other technologies may impact or adversely affect your ability to perform certain transactions on, use certain functionalities of, and access certain content on our Website.
We have collected the types of Personal Information described above , including Usage Data, Generic information, and Cookie data when they qualify as Personal Information within the last 12 months.
Hyperice collects and obtains your information in a few ways: there is information that you choose to give to us, information we obtain through your use of our Services – including our Websites – and information we obtain from third parties.
We collect information that you decide to share with us. At times, we may require you to provide certain information – including Personal Information – in order to use certain parts of our Websites, fulfill your requests with us, or provide you with certain Services. For instance, we may require you to provide your name, email address, or other contact information when you contact us with a question or comment. If you create a customer account with us, we may require you to create a username and password to access our Customer Login portal. Additionally, we may need you to provide certain Personal Information to purchase a product, take advantage of special offers or promotions, or to use other portions of our Services.
As noted above, we collect certain information from you through your use of our Services, such as Usage Data. For instance, in using our Websites, we may collect information about the device you use to log into, access, and use the Websites. We may collect other Generic Information in relation to how you use our Websites or other Services (for example, aggregate metrics on how often certain pages on our Websites are accessed and viewed).
We also may collect information through the use of cookie, pixel tags, or other technologies as described above.
We may also obtain limited information about you from our business facilitation partners who help us provide our Services to you. For example, if you purchase our products, we may obtain information about your purchase from our payment processor in order to complete that order for you. We may also use certain business facilitation partners to monitor and analyze the use of our Website. For example:
Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on Google’s privacy practices, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en.
Facebook may use the collected data to contextualize and personalize the ads of its own advertising network. You can manage or delete the data Facebook has collected about you through the “Settings” menu of your account(s) with Facebook companies.
Hyperice collects, processes (or asks our business facilitation partners to process on our behalf), and uses your information to provide the Services we make available to you. We therefore will collect, process and use your information for a variety of reasons, including:
o Operating, maintaining, and improving of our Services, including the Websites;
o Detecting security incidents;
o Detecting, preventing, and addressing technical issues;
o Protecting against malicious, deceptive, fraudulent, or illegal activity; and
o Helping law enforcement to prosecute individuals responsible for malicious, deceptive, fraudulent, or illegal activity.
Similar to the purposes for collecting your information, Hyperice processes the information of EU Data Subjects for the following reasons:
o Assist with fraud prevention.
o Improve the security of our networks.
o Operate, maintain, and improve our Services, including the Websites.
o Prevent, detect, and address technical and security incidents.
o Report suspected criminal activity to law enforcement.
o To provide customer support to you and our other members, customers, and visitors.
Hyperice does not sell your information to any third party. However, Hyperice may disclose your information in a number of ways in order to provide our Services to you. For instance, we may share your information with our business facilitation partners that help us provide our Website and other Services to you, such as our web hosting and cloud storage providers. We may also share or disclose your information to those business facilitation partners that assist us with completing your orders, such as providing your credit card number to a third party payment processor when you make a purchase with us.
We may also provide your Personal Information to business facilitation partners or contractors to perform functions on our behalf including companies or individuals hired to publish and operate the Website, communicate news, deliver our promotional materials via e-mail and direct mail, promote our social media presence and activities, develop, enhance, market, or provide any of our products, and assist us with sending communications and performing other marketing and support functions.
We may also disclose or share your information for the following purposes:
We share or otherwise disclose individuals’ Personal Information to the following categories of third parties:
Hyperice has disclosed the following categories of Personal Information in the last 12 months for a business or commercial purpose:
Hyperice has disclosed the Personal Information as described above within the last 12 months.
Hyperice does not sell individuals’ information without their permission. Hyperice has not sold Personal Information to third parties in the past 12 months.
Please note that a “sale” of Personal Information does not include those instances when such information is part of a merger, acquisition, or other transaction involving all or part of our business. If we sell all or part of our business or make a sale or transfer of assets or are otherwise involved in a merger or other business transaction, we may transfer your Personal Information to a third party as part of that transaction. If such transaction materially affects the manner in which your Personal Information is processed, we will notify you of such change prior to its implementation.
Hyperice will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to provide our Services to you, comply with our legal obligations (for example, if we are required to retain your information in accordance with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer periods.
For California residents and EU Data Subjects, we will retain your information and delete your information (should you request it be deleted) to the extent permitted under applicable laws.
Your information, including Personal Information, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that your information, including Personal Information, will be transferred to United States and processed there. If you are located in the European Union, you should be aware that U.S. data protection laws are not deemed to be as adequate as those in the European Union. Your consent to this Privacy Policy by your continued use of our Websites followed by your submission of such information represents your agreement to that transfer.
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information from loss, misuse, and unauthorized access, alteration, disclosure, and destruction, we cannot guarantee its absolute security. By using our Websites and Services, you acknowledge that there are data security and privacy limitations inherent to the use of the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and Hyperice, or between you and other related entities, cannot be guaranteed. We cannot ensure or warrant the security of any information you transmit to us or that we store, and you do so at your own risk.
We support Do Not Track. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Third parties may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
California residents and data subjects in the EU / European Economic Area (“EEA”): Hyperice aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information and exercise other rights available under applicable law. Hyperice therefore informs you that, where applicable to you under relevant law, you are entitled to the following:
o The specific pieces of your Personal Information Hyperice holds;
o The categories of Personal Information collected about you, sold to third parties, or disclosed to third parties for business purposes;
o The categories of Personal Information sold within the last 12 months;
o The categories of sources from which Personal Information is collected;
o The business or commercial purpose for collecting or selling Personal Information; and
o The categories of third parties with whom Personal Information is shared, sold, or disclosed for a business purpose.
Please contact us at the information in “Contact Us” Section below in relation to exercising these rights. Note that we may ask you to verify your identity before responding to such requests.
Additional Rights for EU Data Subjects
EU data subjects also have the right to complain to a Data Protection Authority (“DPA”) about our collection and use of your Personal Information. For more information, please contact your DPA. EU data subjects also have the right to object to automated decision-making that produces a legal effect on the data subject.
If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes, in addition to the rights set forth above.
Under California law, you have the right to send us a request at the designated address listed below to receive the following information:
To make such a request, please provide sufficient information for us to determine if this applies to you, and attest to the fact that you are a California resident. Please also provide a current California address for our response. You may make this request in writing to us at the below postal address. Any such request must include “California Privacy Rights Request” in the first line of the description, and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the address provided for this purpose below.
Note that responsive information may be provided in a standardized format that is not specific to you.
Our Privacy Policy is designed to advise you about how we collect, use, protect, and disclose the information that we collect and/or receive about you. However, our Websites may contain links to other sites that are not operated by us. Please note that this Privacy Policy does not govern the practices of third parties, including our partners, business facilitation partners, and/or advertisers, even when those services are branded as, or provided on behalf of, Hyperice. Information collected from you by others, such as third party websites that you access through links on the Website, are governed by those entities’ privacy policies. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services.
Our Websites are intended for adult audiences, and is not meant to address anyone under the age of 18 (“Children”). As such, children under 18 may not use our Website. If you are under 18, do not attempt to register for or use our Websites and do not provide us any Personal Information about yourself.
We do not knowingly collect Personal Information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and provided us with Personal Information via our Website, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we will take steps to remove that information from our servers.
We may update our Privacy Policy from time to time. While we reserve the right to make changes to our Privacy Policy at any time and at our sole discretion, we will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Websites prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
As mentioned above, California residents and European data subjects have certain rights to access, correct, delete, or otherwise control the use, collection, and/or disclosure of their information. Hyperice will respond to an individual’s “verifiable request” to exercise his or her rights under such laws – that is, where Hyperice has received a request claiming to be from a particular person, and Hyperice has been able to verify that person is who they say they are. The need to verify a person’s identity is critical to protecting your information, and ensuring that your information is not shared with anyone pretending to be you or someone who is not authorized to act on your behalf.
You may submit a verifiable request via our email address, mailing address, or toll-free number, listed in the “Contact Us” section below, or as otherwise provided on our Website. Hyperice will ask you to provide information about yourself so that we can verify your identity as part of this process. This information may include your name, your address, and any other information deemed necessary by Hyperice to reasonably verify your identity, to ensure that your information is not shared with anyone impersonating you. Once we have your submission, we will compare the information you provided to the information we have about you to verify your identity.
We may ask for additional information if we have difficulty confirming your identity. We will not share your information or honor other requests in those situations in which we are unable to confirm a request for your information is a “verifiable request.” We will not be able to process your request if we cannot verify your identity.
Please note under California law that a consumer can appoint an “authorized agent” to make certain verifiable requests upon their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. Because the security, integrity, and privacy of your information are paramount, we will ask that you identify and provide permission in writing for such persons to act as your authorized agent and to exercise your applicable rights under California law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity
Under California law a California resident can appoint an “authorized agent” to make certain verifiable requests upon their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. An authorized agent may submit a request by following the steps outlined above. An authorized agent must identify the consumer he or she is submitting a request on behalf of, and provide the information requested by Hyperice to verify the consumer’s identity. Hyperice will also require the purported authorized agent to submit proof that he or she has been authorized by the consumer to act on the consumer’s behalf.
Because the security and privacy of your information is paramount, we will ask that you identify and provide permission in writing for such persons to act as your authorized agent and exercise your applicable rights under California law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity.
Please note that we will only process valid rights requests as they apply to California residents and EU data subjects.
If you have any questions about this Privacy Policy, our practices, your Personal Information, or your rights and choices under applicable laws, please contact us:
By mail: 525 Technology Drive, Suite100 Irvine, California 92618
By email: CustomerSupport@Hyperice.com
By phone: 949-565-4994
Toll free: +1 (855) 734-7224
Individuals with disabilities who are unable to usefully access our privacy policy online may contact us at the above-listed contact information to inquire how they can obtain a copy of our policy in another, more easily readable format.