TERMS AND CONDITIONS OF USE

7.Terms of Use

 

All information appearing on the Hillwood Site is provided for your convenience only.  Company does not represent or warrant that the information provided on the Hillwood Site is accurate or up-to-date.

 

All artwork, videos, images, content, text, and other materials appearing on the Hillwood Site are subject to copyrights owned by Company, its affiliates, or its licensors. Any reproduction, retransmission, or replication of all or part of any materials, content, image, video, or recording found on the Hillwood Site is expressly prohibited unless Company or the copyright owner of the material has expressly granted its prior written consent to reproduce, retransmit, or republish the material. All rights reserved.

 

The names, trademarks, service marks and logos of the Company appearing on the Hillwood Site may not be used in any advertising or publicity, or otherwise to indicate the Company’s sponsorship of or affiliation with any product or service, without the Company’s prior express written permission.

 

The Hillwood Site may contain links to social media sites that are not under the control of Company.  These links are provided as a convenience to you and the Company is not responsible for the content, policies, or security protocols of any such sites.  The inclusion of any such link within the Hillwood Site does not imply any approval or endorsement of such linked sites or their operators.

 

Any claim relating to the Privacy Policy and/or Terms of Use, or the operation or use of the Hillwood Site or the products and services thereon, shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.  Venue for any claim shall be brought in a state or federal court having jurisdiction located in Dallas County, Texas.

 

8.Changes to Our Privacy Policy and Terms of Use

 

We may update our Privacy Policy and Terms of Use from time to time. If we make material changes to how we treat our users’ personal information, we will post the new policy/terms on this page with a notice that the policy/terms have been updated and, if we have your email because you have subscribed to receive emails from us, we will endeavor to notify you by email to the email address you provided.  The date the Privacy Policy and Terms of Use were last revised is identified at the top of the page. You are responsible for periodically visiting this page to check for any updates.

 

9.Children Under the Age of 13

 

The Hillwood Site is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. 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].

 

10.Contact Information

 

To ask questions or comment about this Privacy Policy and Terms of Use, contact us at: [email protected].

 

Supplemental Privacy Notice for California Residents

 

Effective Date: January 3, 2022

 

This Supplemental Privacy Notice for California Residents supplements the information contained in this Privacy Policy 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 any terms defined in the CCPA have the same meaning when used in this Notice.

 

1.Information We Collect

 

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information“). Personal information does not include: (i) publicly available information from government records; or (ii) de-identified or aggregated consumer information.

 

In particular, we may have collected the following categories of personal information from consumers within the last twelve (12) months:

 

Category Examples Collected
A.  Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address YES
B.  Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. NO
C.  Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
D.  Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO
E.   Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F.   Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. NO
G.   Geolocation data. Physical location or movements. NO
H.   Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I.   Professional or employment-related information. Current or past job history or performance evaluations. NO
J.   Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K.   Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

 

We obtain the categories of personal information listed as collected above from the following categories of sources: (i) Directly from you (for example, from forms you complete or products and services you purchase); and (ii) Indirectly from you (for example, from use of cookies and web beacons on our Website).

 

2.Use of Personal Information

 

We may use or disclose the personal information we collect for one or more of the following purposes:

 

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your website experience.
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us  about our consumers is among the assets transferred.

 

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

3.Sharing Personal Information

 

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

 

We share your personal information with the following categories of third parties: Service providers.

 

4.Disclosures of Personal Information for a Business Purpose

 

In the preceding twelve (12) months, Company has only disclosed personal information, specifically Category A: Identifiers, for a business purpose.

 

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

 

5.Sales of Personal Information. In the preceding twelve (12) months, Company has not sold personal information.

 

6.Your Rights and Choices

 

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

 

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 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will disclose to you:

 

  • 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 (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

Deletion Request Rights

 

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

 

  •       Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of obligation conducted in accordance with federal law, or otherwise perform our contract with you.
  •       Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  •       Debug products to identify and repair errors that impair existing intended functionality.
  •       Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  •       Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  •       Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  •       Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  •       Comply with a legal obligation.
  •       Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

7.Exercising Access, Data Portability, and Deletion Rights

 

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

 

Emailing us at [email protected].

 

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

 

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

 

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In.

 

8.Response Timing and Format

 

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

 

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

 

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

9.Personal Information Sales Opt-Out and Opt-In Rights

 

We do not sell your personal information.  If that changes, we will provide you with additional information.

 

10.Non-Discrimination

 

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

 

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • 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 resultin 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. We do not currently provide financial incentives.

 

11.Other California Privacy Rights

 

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose your personal to third parties for the direct marketing purposes.

 

12.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 Hillwood Site and update the notice’s effective date. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

 

13.Enforcement Rights.

 

The Attorney General of the State of California may enforce these rights.  You also have a private right of action should breach occur. For more information on your enforcement rights visit:  https://oag.ca.gov/privacy/ccpa

 

14. Contact Information

 

If you have any questions or comments about this notice, the ways in which we collect and use your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

 

Email: [email protected]

 

To learn about our Privacy Policy, click here.