TURBO HYPE PRIVACY POLICY

 Last Updated: 9/29/2023

Turbo Hype LLC (“Turbo Hype,” “we,” “us,” or “our”) is committed to maintaining your privacy.  Our Privacy Policy (“Policy”) is designed to help you understand how we collect, use, disclose, and safeguard the information we collect from or about you when you visit streamstickers.com or when you use our Twitch Extensions accessed via the Twitch.tv website (the “Service”).

Please read this policy carefully. We reserve the right to change this policy at any time.  We will notify you of significant changes to the Policy. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this page for updates.

1.       WHAT IS PERSONAL INFORMATION?

When we refer to “Personal Information” in this Policy, we mean any information relating to an identified or identifiable natural person. A natural person is considered to be identifiable if, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special features, the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.

Personal Information does not include information that is publicly available through government records or information that has been deidentified or aggregated in a way that it cannot be used to identify a specific individual.

2.       PERSONAL INFORMATION WE COLLECT

Depending on how you use the Site and Services, we may collect the following types of Personal Information about you:

• Account Information. When you choose to install the Service, a Stream Stickers account is automatically created based on your Twitch account information. We store your stickers, settings, and preferences in your account.

• Twitch Account and Channel Information: Depending on the permissions you grant us when you install the Service or visit a channel that has installed the Service, we may receive your Twitch ID, username, email address, a list of your channel’s subscribers, and your channel’s moderation data. Additionally, if you install the service, we may screenshot or record your live stream on your channel.

• Commercial Information: Viewed and completed content, your consent to our terms and conditions and other important policies, content of messages or emails you send to us, context of feedback or survey responses you send to us, comments you post in the Services, and comments or messages you post on our social media pages.

• Sensory Information: Including a recording of your voice when you use the text-to-speech feature, or your profile image.

• Other information you provide to us.

3.       SOURCES OF PERSONAL INFORMATION

We may collect Personal information that you provide to us, that is collected automatically using technology, and from third parties in the ways described in this Policy.

INFORMATION YOU PROVIDE TO US BY USING THE SERVICE

You may provide your Personal Information to us when you access, use, or otherwise interact with the Site or Services. Below are some of the ways you provide us with your Personal Information.

• When you install the Service.

• When you contact us.

• When you input information into your account.

• When you participate in promotions and other offers.

• When you submit a sample of your voice to create a voice clone on the Services.

INFORMATION WE COLLECT THROUGH TECHNOLOGY

We use technology to automatically collect information when you use the Site or Service.

We collect this information through cookies and other tracking technologies (“Cookies”), which are small text files that often connect you to a unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect information about that user and keep a record of the user’s preferences when utilizing the Services, both on an individual and aggregate basis.

When you install the Service on your Twitch account, we will use Cookies to store your account preferences and configurations.

INFORMATION WE RECEIVE FROM SERVICE PROVIDERS AND THIRD PARTIES

We may also receive information (which may include Personal Information) about you from our service providers and third-party business partners, such as Twitch and other gaming platforms we partner with, and Social Media.

·         Service Providers: This includes third parties that provide services to us related to the functionality and operability of the Site and Service, such as hosting the Site and Service and managing communications we send and receive.

·         Social Media Platforms: This includes Social Media owned or operated by third parties, such as Twitter and Discord, where we maintain a social media account or where you otherwise interact with us or share our content.

4.       HOW WE USE PERSONAL INFORMATION

We use Personal Information for various purposes including to provide and support the Site and Services and improve the Site and Services. Specifically, we:

• Customer Service and Other Communications with You: We may use Personal Information to contact and communicate with you to provide customer service and technical support, send you emails to provide you with alerts and updates to the Site or Service, including updates to our Terms and this Policy, and other purposes for which you authorize or instruct us to use your Personal Information.

• Maintaining Your Account. We use your Stream Stickers account, created automatically when you install the Service, to keep track of your stickers, settings, configurations, and preferences.

• Operating and Maintaining the Site and Service: We use your Personal Information to provide you with the Service, including specific features of the Service like the talk-to-speech feature (“TTS Feature”). We also use Personal Information to ensure that the Site and Service are working as intended, including, troubleshooting issues we discover or that you report to us.

• Marketing and Promotions: We may use your Twitch Channel Information and screenshots of your live streams on Twitch for promotional or marketing purposes, including posting screenshots or short clips of your live stream on the Site and marketing materials.

• Improving the Service: To support, analyze, develop, improve, and enhance our products, services, user experience, and operations, including the Site and Service.

• Business Purposes: We may use Personal Information for business purposes including but not limited to: (1) carrying out our obligations and enforcing our rights arising from any contracts we have entered into, including, without limitation, any contracts between you and us; (2) operating and improving our products and services; (3) conducting statistical or demographic analysis; (4) customizing your experience with our Site and Service; (5) preventing fraud; and (6) other business purposes permitted under applicable law.

• Legal/Enforcement Purposes: We may use Personal Information to cooperate with law enforcement or other legal purposes including: (1) complying with legal and regulatory requirements; (2) satisfying contractual obligations; (3) cooperating with law enforcement or other governmental agencies for purposes of investigations, public safety or matters of public importance when we are legally required to do so or believe that disclosure of Personal Information is necessary or appropriate to protect the public interest; (4) protecting and defending against legal actions or claims.

• Other purposes that you request or for which you provide consent.

5.       HOW LONG WE KEEP PERSONAL INFORMATION

We retain your Personal Information for as long as necessary to provide our products and services to you. In certain circumstances, your information may also need to be retained for a longer period of time, such as when a legal hold or litigation hold (i.e., a prohibition of information deletion for the duration of the proceedings) is ordered in connection with an administrative or judicial proceeding. We will retain and use this information as long as necessary to comply with our legal obligations, resolve disputes and enforce our agreements, and then delete it.

6.       WITH WHOM WE SHARE PERSONAL INFORMATION

To operate our business, we may share Personal Information with third parties, including:

• Service Providers: We may share Personal Information in connection with the services our service providers provide to us, including data hosting and processing, email services, and fraud protection and prevention. We require these Service Providers to exercise reasonable care to protect your Personal Information and restrict their use of Personal Information to the purposes for which we provided it to them.

• Third Party Business Partners: We may disclose Personal Information to third parties to provide you with the Site and Service, including the TTS Feature, perform data and statistical analysis about the Site or Service, and for marketing purposes.

• Eleven Labs: When you use the text-to-speech feature that allows you to add voices to stickers, you have the option of using your own voice to create a “voice clone.” If you choose to provide a sample of your own voice, we share that sample with Eleven Labs, who then creates and sends the voice clone back to us for your use. Eleven Labs’ processing of your Sensory Information is subject to its Privacy Policy and Terms of Service.

• Twitch: We may share Personal Information with Twitch as required by their Developer Agreement, like assisting Twitch in responding to privacy requests.

• Parties to Business Transactions: In the event of an anticipated or actual merger or acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us, including Personal Information. We reserve the right, in connection with these types of transactions, to transfer, share, assign, or sell your Personal Information and other information we have collected to third parties or to authorize such third parties to use any such information including for due diligence as part of any of the transactions described in this paragraph. Any Personal Information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

• Government and Law Enforcement: We may share your Personal Information with individuals or private parties where necessary to enforce and comply with the law, to protect our property or legal rights, for the safety of the public or any person, to prevent harm, to protect the security and integrity of the Site and Services and any equipment used to make the Site and Services available.

• Professional Advisors: We may disclose your Personal Information to our professional advisors, such as our attorneys, accountants, financial advisors, and business advisors, in their capacity as advisors to us.

• Others: We may disclose your Personal Information to any other third party upon your request or with your express consent to do so.

7.       ADDITIONAL INFORMATION ABOUT OUR PRIVACY PRACTICES

We implement and maintain information security measures designed to protect Personal Information from the risk of unauthorized access, disclosure, alteration, loss, or destruction. Your account is protected by your account password, and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use.

WHILE WE STRIVE TO PROTECT PERSONAL INFORMATION, WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION. YOU PROVIDE PERSONAL INFORMATION AT YOUR OWN RISK.

ACCESS BY CHILDREN

The Site and the Service are not directed to anyone under the age of 13. The Site does not knowingly collect or solicit information from anyone under the age of 13 and the Service prohibits anyone under the age of 13 to create an account. If a parent or guardian learns that their child provided us with Personal Information without his or her consent, please contact us at admin@streamstickers.com and we will make commercially reasonable attempts to delete such Personal Information.

SOCIAL MEDIA AND THIRD-PARTY WEBSITES

As part of the Service, we may provide links to or compatibility with other websites and applications. We also participate in and link to social media platforms such as Twitter and Discord (“Social Media”) that enable online sharing and collaboration among customers.

However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Policy applies solely to information collected by us through the Site and the Service and does not apply to your use of a third-party website accessed by selecting a link on our Site or via our Service, nor when you interact with us or our account on Social Media. We encourage our users to read the privacy statements of other websites before proceeding to use them.

To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that website or application in addition to this Policy.

8.   YOUR PERSONAL INFORMATION CHOICES

Below, we describe ways for you to exercise control over your Personal Information online, generally, and when you interact with us.

• Update Your Contact Information: You may update your contact information and communication preferences by contacting us as described below or logging into your online account.

• Delete Cookies on Your Browser: Most browsers automatically accept cookies. You can disable this function by changing your browser settings but disabling cookies may impact your use and enjoyment of the Site. You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Site. You can manually delete persistent Cookies, or Cookies that track your activity across websites, through your browser settings.

• Configure Your Device: The electronic device you use to access the Site or Services may offer additional privacy settings; please see the device settings for details. Please note that even if you opt-out of receiving interest-based advertising, you will still receive advertisements, but they will be more general in nature.

• Consumer Resources: To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, visit National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads.

• Opt Out of Marketing Communications: If you opt-in to receive marketing emails from us, we may collect your name, email, mailing address, and phone number. We use this information to send you promotional and other electronic and hardcopy communications. We may use third-party providers to deliver communications to you. You may opt-out of marketing emails by using the “Unsubscribe” link in the email or contacting us at admin@streamstickers.com with “Unsubscribe” in the subject line. You can opt-out of push notifications on your device by adjusting your notification settings on your device. Opting out of marketing communications does not opt you out of communications about your account or transactions.

• Uninstall the Stream Stickers Extension: If you would no longer like to use the Service or would like us to cease collecting your Personal Information through the Service, you can uninstall the Service from your Twitch account at any time.

• Do Not Track: The Site and Service is not configured to honor Do Not Track Signals.

9.   YOUR PERSONAL INFORMATION CHOICES

Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your personal information within the past year for direct marketing purposes, and (b) a description of the categories of personal information disclosed, by contacting us per the “Contact Us” Section below.

10.   CONTACT US

If you have any questions regarding this Privacy Policy or the practices of this Site or Service, please contact us by sending an email to admin@streamstickers.com.

11.   EU AND UK PRIVACY RIGHTS

The terms in this section are only applicable to those located in the European Union, European Economic Area, and United Kingdom.

The purpose of this section is to provide information and additional provisions that apply regarding Turbo Hype’s processing of personal data of persons located in the European Union (“EU”), European Economic Area (“EEA”), and United Kingdom (“UK”) in accordance with the EU General Data Protection Regulation 2016/679 and the UK General Data Protection Regulation (collectively referred to herein as the “GDPR”). In the event of a conflict between this section and the remainder of the Privacy Policy, this section shall control for those persons located in the EU, EEA, or UK.  The terms “personal data,” “processing,” and “automated decision” have the same meanings set forth under the GDPR.

DATA CONTROLLER

When you provide us with your personal data in connection with our Site or Service, we serve as a data controller. When we act as a data controller we determine how your personal data will be utilized, in accordance with this Policy.

LEGAL BASIS FOR PROCESSING

When Turbo Hype processes your personal data, it has a legal basis for doing so as required under GDPR. We will only process your personal data if: (i) we have received your express opt-in consent for such processing, (ii) the processing is necessary for performance of a contract, (iii) the processing is necessary for us to comply with a legal obligation, (iv) the processing is necessary to protect the vital interests of the data subject, (v) the processing is necessary for a task carried out in the public interest, or (vi) if Turbo Hype or a third party has a legitimate interest that is not overridden by the interests or fundamental rights and freedoms of the data subject.

We have set out the below legal bases for which we process personal data:

Transfer to Third Parties and Countries

Personal data that we collect or receive may be transferred to and/or processed by third parties that are located outside of the EU, EEA, or UK, some of which EU, EEA and UK authorities may not consider to have an adequate level of protection for personal data, including the United States. We rely on appropriate safeguards and derogations for specific situations as set forth in applicable laws to protect personal data transferred from the EU, EEA, or UK to third countries.

You may request a copy (which may be provided as a summary) of any such appropriate safeguards or seek inquiries regarding such safeguards by contacting us at admin@streamstickers.com. We will respond to your request or inquiry within a reasonable period of time.

AUTOMATED DECISION MAKING

We do not use your personal data to conduct automated decision making.

YOUR PERSONAL DATA RIGHTS

If you have any questions about how we process your personal data or if you would like to submit a data subject request, please contact us at admin@streamstickers.com. We will strive to respond to your request or inquiry within 30 days but may need more time depending on the complexity of your request.

Below is a list of your privacy rights:

Right to Withdraw Consent. In the event you provide your consent for us to process your personal data, you may withdraw your consent to that processing at any time. Please note that this only applies to our previous processing of your information and will not affect future processing of your personal data.

Right to Object. If the processing is based on our legitimate interests or that of a third party, we will no longer process your data for these purposes unless we can provide legitimate reasons for the processing that outweigh your interests, or we must process your personal data to comply with legal requirements, exercise our legal rights, or defend against legal claims. You have an unlimited right to object to our processing of your personal data for our marketing purposes.

Right of Access. You may request information about your personal data such as the categories of personal data we keep about you, how we process that data, and the purposes for which we process your data.

Right to Rectification. You may request that we correct any of your personal data you believe to be inaccurate.

Right to Erasure. Under certain circumstances, we will delete the personal data we keep about you upon your request.

Right to Restriction of Processing. You may request us to limit the processing of your personal data if the accuracy of your personal data is called into question, if the processing is unlawful and you do not wish us to delete your data, we need your personal data to exercise our legal rights or defend against claims, we are verifying whether our legitimate interests outweigh your interests after receiving your objection to processing.

Right to Data Portability. You may request a copy of your personal data in a structured, readable, and commonly used format. Under certain circumstances, we may also directly transfer your personal data to another controller at your request.

Right to Complain to a Supervisory Authority. If you have submitted a request to us and believe our response to be inadequate, you are entitled to file a complaint with a competent data protection authority.