Privacy Policy

Last Revised: 10/20/2022

INTRODUCTION

Hi and welcome to HOGO^®! HOGO^® is a software application (the “App”) owned and provided by ConsumerDirect^®, Inc. ("ConsumerDirect^®" or "we" or “us”). For purposes of this Privacy Policy, the App means and includes the software application and all features, functions, products, content, information, materials, and services (collectively, “Features”) provided in or through the App.

The App is designed to collect and maintain sensitive personal information, including information about your financial accounts and credit history. We are committed to the responsible stewardship of this information. This Privacy Policy explains how we collect, use, maintain, protect, and share your personal information, as well as your privacy choices.

This Privacy Policy applies to both current and former users of the App, and to prospective users who may provide information on the App’s sign-up pages but who do not complete creating their Account. Prospective and former users may still opt out of our use and sharing of your information by following the instructions below.

This policy does not apply to information collected by any third party, including through any application or content, including advertising or third-party product or service offers, that may link to or be accessible from the App or from third-party applications that we may use to share information and otherwise communicate through. We do not control any third party’s tracking technologies or how they may collect or use your information. You should consult any such third party directly for the terms that govern their collection and use of your information.

Please carefully read this Privacy Policy and our Terms of Use https://www.hogo.com/terms-of-service/, which govern your use of the App and any dispute arising out of or relating to the App or this Privacy Policy, to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our Terms of Use or this Privacy Policy, your choice is not to use the App. By accessing or using the App, you agree to this Privacy Policy.

APP FOR ADULTS LOCATED IN THE UNITED STATES ONLY

The App is not intended for persons under 18 years of age. We do not knowingly collect personal information from persons under the age of 18. If you are under 18, do not use or provide any information on the App or through any of its Features, register for an account with us, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].

The App is not intended for use or access by persons who are not located in the United States. You acknowledge that you may not be able to access the App outside of the United States and that access thereto may not be legal in certain countries. If you access the App from outside the United States in violation of this policy, you are responsible for compliance with local laws.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

We collect several types of information from and about users of the App, including information:

• By which you may be personally identified, such as name, address(es), e-mail address, and telephone number(s) (“personal information”);
• Financial information, such as information about your financial and credit accounts, account numbers, balances, payment history, and specific actions you take with regard to such accounts; and
• That is about you but individually does not identify you.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you use the APP. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, our business partners, credit bureaus, credit reporting agencies, your creditors, and other sources of financial or credit information.

INFORMATION YOU PROVIDE TO US

The information we collect that you provide directly to us on or through the App may include:

• Information that you provide by filling in forms on or otherwise using or interacting with the App. This includes information provided at the time of registering to use the App and creating an account, verifying your identity, or verifying your connection to a creditor or financial institution.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the App and of your use of certain Features of the App. You may be required to provide personal or financial information in order to use certain Features of the App. For example, some of the App’s Features involve us acting as your authorized agent to make requests on your behalf. Before we act as your agent, you are required to provide personal information to us so that we may identify you and request information from the relevant third parties.

INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

When you download, access, and use the App, it may use technology to automatically collect:

• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, pages viewed, interaction with the App or any Features thereof, App preferences, and other communication data and the resources that you access and use on or through the App.
• Device Information. We may collect information about your device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
• Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
• Location Information. The App may collect real-time information about the location of your device.
• Behavioral Tracking. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services. We do not honor “Do Not Track” signals.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties.

The technologies we use for this automatic data collection may include, without limitation:

• Cookies A cookie is a small file placed on your device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your device. However, if you select this setting, you may be unable to access certain Features of the App.
• Web Beacons. Parts of the App and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited certain webpages or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some Features of the App are served by third parties, including advertisers, ad networks and servers, partners offering financial or other products or services, analytics companies, your device manufacturer, mobile or internet providers, and content and service providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see What Choices Do I Have?

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with the App and its Features, and any other information, products or services that you request from us.
• Process your instructions, for example in response to Actions that you take within the App.
• Communicate with you regarding the App or any of its Features or any Actions that you take within the App.
• Verify your identity.
• Fulfill any other purpose for which you provide it.
• Give you notices about your Account, including expiration and renewal notices, if applicable.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The information we collect automatically helps us to improve and to deliver a better and more personalized App, including by enabling us to:

• Estimate and analyze our audience size, usage patterns, and trends.
• Benchmark best practices.
• Store information about your preferences, allowing us to customize the App according to your individual interests.
• Develop, monitor, improve, refine, and enhance the App and its Features.
• Speed up your searches.
• Recognize you when you return to the App.

We use location information we collect to verify that you are located in the United States.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you, which may include an email newsletter, direct emails, in-App messages, telephone calls, mail, or other correspondence. We may outsource some or all of these functions to third-party service providers. If you do not want us to use your information in this way, please opt out as described below. For more information, see What Choices Do I Have?

We may use the information we collect to display advertisements or offers to our advertisers’ or partners’ potential target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement or offer, the advertiser or partner may assume that you meet its target criteria, and any information you share in connection with the advertisement or offer, and any information otherwise collected by such advertiser or partner in connection therewith, will be shared with or collected by such third party and will be governed by such third party’s own privacy policy.

WHEN DO WE SHARE YOUR PERSONAL INFORMATION WITH OTHERS?

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. For example, we will disclose your personal information to credit bureaus, credit reporting agencies, and other sources of financial or credit information, in order to provide you with the App and the Features you use therein.
• To fulfill the purpose for which you provide it. For example, if you take an Action or make another request within the App, or you otherwise request us to take any action on your behalf, we may disclose your contact information, account information, and your Action request to your creditor on your behalf. If you direct us to take an action that requires us to disclose your personal information to third parties, we will do so in accordance with your instructions and the terms applicable to the particular service.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ConsumerDirect^®’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our App users is among the assets transferred.
• To third parties, including without limitation financial institutions, to market their products or services to you, unless you have opted out of these disclosures as described below. For more information, see What Choices Do I Have?
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the App, the Terms of Use, and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ConsumerDirect^®, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

THIRD-PARTY PAYMENT PROCESSOR

We use a third-party payment processor to process payments made to us. In connection with the processing of such payments, we do not retain any personal information or any financial information such as credit card numbers. Rather, all such information is provided directly to our third-party processors, which may include the Google Play Store or the Apple App Store or other third-party services. The use of your personal information by any such third-party processor is governed by such processor’s own privacy policy available on their respective websites.

WHAT CHOICES DO I HAVE?

You have choices with regard to marketing communications and sharing of personal information you provide to us. In particular:

Regardless of how you access our App, you can opt out of receiving marketing communication from us (and our joint marketing partners) or from our sharing your personal information with third parties for their own marketing (including targeted advertisements or offers offered through the App) by contacting us at: [email protected].

You may also opt out of email marketing by following the opt-out instructions included in every commercial email we send. Please note that we may continue to communicate with you regarding your Account and your use of the App, including any Actions you take.

You may opt out of receiving promotional telephone calls from us by asking the operator to place you on our do not call list.

You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, the App may become inaccessible or not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Any personal information you provide to us is voluntary, and you can opt out of providing certain personal information requested by us. However, your refusal to provide certain personal information requested as part of using the App or certain Features thereof may hinder or otherwise restrict your ability to use the App and those Features.

HOW DO I UPDATE OR CORRECT MY PERSONAL INFORMATION?

You can review your personal information by logging into the App. To update, modify, correct, or delete any personal information that you have provided to us, you may do so through the applicable App Features or you may contact us through the App or send us an email at [email protected]. Please note, we are not able to update, modify, correct, or delete personal information about you that we do not control. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to update, modify, correct, or delete information if we believe the change would violate any contractual, regulatory, or legal requirement, cause the information to be incorrect, or for any other reason except as prohibited by applicable law.

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

We have implemented measures designed to safeguard your personal information from unauthorized access, use, alteration, and disclosure. Our security program includes reasonable technical, physical and administrative safeguards. For example, we restrict access to your information only to those employees who need to know that information to provide products or services to you.

Any payment transactions are processed by our third-party payment processor and will be encrypted using SSL technology.

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 App, 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 and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time. In such event, we will post the new Privacy Policy on this page with an updated “Last Revised” date, and we will notify you by emailing you, by sending an in-App alert the first time you use the App after we make the change, or by any other means we reasonably determine to give you notice. You are responsible for ensuring we have an up-to-date active and deliverable email address for you. Your continued use of the App after any such amendment will constitute your agreement to this Privacy Policy as amended. If you do not agree to any amendment, you may not continue to use the App and you must deactivate your Account and delete the App from your device(s).

YOUR STATE PRIVACY RIGHTS

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

Nevada provides its residents with a limited right to opt-out of certain personal information sales.. However, please know that we do not sell data triggering Nevada’s opt-out requirements.

Under the California Consumer Privacy Act (CCPA), California residents have the following rights if a business is covered by the CCPA:

Right to Access/Disclosure Right

The right to request a disclosure of the personal information collected, sold, and shared about you over the past 12 months and the purpose for doing so. Upon submission of a verifiable consumer request, we will provide you with the following information:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you.
• A list that includes the personal information that we disclosed for a business purpose, identifying the category of personal information that each category of recipient obtained; and
• A separate list that includes the personal information we sold, identifying the personal information categories that each category of recipient purchased.

If we provide this information to you electronically, the information will be in a portable format. To the extent that it is technically feasible, we will provide you the information in a readily useable format that you can easily transfer to another entity. If you intend to exercise your rights, please visit the Personal Data section located in the settings tab of your HOGO^® App.

Right to Deletion

The right to request the deletion of personal information, subject to certain exceptions. you can request the deletion of your information at any time by selecting the “Forget your Data” option located in the Hogo App under the settings section.

Right to Be Free from Discrimination

The right to be free from discrimination for exercising any of the California consumer privacy rights. If you choose to exercise any of your CCPA rights, we will not:

• Deny you goods or services;
• Charge you a different price or rate for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of good or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Right to Opt-Out of the Sale of Personal Information

The right, at any time, to direct a business that sells or will sell your personal information to third parties to not sell your personal information. However, please know that we do not sell data triggering California’s opt-out requirements.

Right to Opt-In to the Sale of Personal Information for Children

We do not provide a right to opt-in because we do not offer this Product to minors nor do we sell personal information.

Right to Know

You have the right to know the categories of personal information we collect and the purpose for the collection.

You have the right to know the categories of personal information that we collected, sold, and disclosed for a business purpose during the prior 12 months. If you intend to exercise your rights, please visit the Personal Data section located in the settings tab of your HOGO^® App and click on “Disclose Your Data.”

CONTACT US

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

[email protected]