Terms of Service
Last updated December 31, 2019
PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION CONDITIONS (SEE SECTION 13) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST HOOK’S LIST BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications related to Hook’s List (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with: (i) Hook’s List, LLC, a New York corporation with its headquarters in Tappan, NY, unless you are a resident of a country outside of the United States, in which case these Terms of Service do not apply. Hook’s List is not yet compliant with Terms of Service or Privacy standards of any country outside of the United States. “Hook’s List” means Hook’s List, LLC, as applicable. Do not access or use the Service if you are unwilling or unable to be bound by the Terms.
- “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to Hook’s List and its subsidiaries.
- “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Hook’s List Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Hook’s List or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Hook’s List Content, and Third Party Content.
- Sites and Accounts. “Consumer Site” means Hook’s List’s consumer website (www.hookslist.com and related domains) and mobile applications. “Consumer Account” means the account you create to access or use the Consumer Site. “Account” means any Consumer Account or Business Account.
- CHANGES TO THE TERMS
We may modify the Terms from time to time. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Hook’s List, and any inconsistencies among the different versions will be resolved in favor of the English version.
- USING THE SERVICE
- To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Hook’s List or if we have previously banned you from the Service or closed your Account.
- Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
- Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason. Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without Hook’s List’s prior approval.
- Communications from Hook’s List and Others. By accessing or using the Service, you consent to receive communications from other users and Hook’s List through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Hook’s List or businesses listed on Hook’s List, and may be initiated by Hook’s List, businesses listed on Hook’s List, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with Hook’s List or made through the Service may be monitored and recorded for quality purposes.
- Responsibility for Your Content. You alone are responsible for Your Content, and once posted to Hook’s List, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Hook’s List. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
- Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Hook’s List and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- As between you and Hook’s List, you own Your Content. We own the Hook’s List Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Hook’s List Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Hook’s List Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Hook’s List Content are retained by us.
- Hook’s List and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- User Content (including any that may have been created by users employed or contracted by Hook’s List) does not necessarily reflect the opinion of Hook’s List. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our conte3nt guidelines. Hook’s List does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly.
- BOOKING AND TRANSACTING
- You can access features through the Service that allow you to book or transact online with local businesses, such as making restaurant or spa reservations, ordering food delivery, or scheduling appointments. These features may be provided by Hook’s List’s third-party partners, including through iframes or similar formats, and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting local businesses themselves are responsible for fulfilling such bookings and transactions.
- Payments and Cancellations. You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting local business’s cancellation policy provided at the time of booking. You agree that Hook’s List may facilitate any such payments and charges on behalf of the transacting local business.
- Any coupons that Hook’s List might issue for use in connection with the Service are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.
- REPRESENTATIONS AND WARRANTIES
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- You represent and warrant that:
- Prior to attending any event listed on the Service, you have read and agree to our Terms and Conditions.
- You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
- Violate our Terms or Service;
- Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results;
- Solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Hook’s List;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by Hook’s List (for example, as described at www.hookslist.com/robots.txt);
- Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice.
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Record, process, or mine information about users;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Hook’s List’s technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
- You represent and warrant that:
- ADDITIONAL POLICIES AND TERMS
- Copyright and Trademark Disputes. You agree to follow our infringement policy in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our infringement policy to the user who submitted the User Content at issue.
- Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
- SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Hook’s List and its users any claims and assertions of any moral rights contained in such Feedback.
- THIRD PARTY CONTENT AND SERVICES
- The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.
Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies. It is your responsibility to familiarize yourself with any such applicable third party terms.
You agree to indemnify, defend, and hold harmless Hook’s List, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Hook’s List Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Hook’s List reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Hook’s List. Hook’s List will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of the Hook’s List entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. By accessing or using the Service, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
- The Service and Service Content are made available to you on an “as is”, “with all faults” and “as available” basis, with the express understanding that the Hook’s List entities may not monitor, control, or vet user content or third party content. As such, your use of the service is at your own discretion and risk. The Hook’s List entities make no claims or promises about the quality, completeness, accuracy, or reliability of the service, its safety or security, including without limitation the security of your data, or the service content. Accordingly, the Hook’s List entities are not liable to you for any personal injury, loss or damage that might arise, for example, from the service’s inoperability, depletion of battery power or other impairment of devices used to access the service, service unavailability, security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content or omission of content, order, and display), metrics or other content found on, used on, or made available through the service.
- The Hook’s List entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the service or that offer goods or services through the service, or the service’s users. Accordingly, the Hook’s List entities are not liable to you for any personal injury, loss or damage that might arise from any such third party’s actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the service. Your purchase and use of products or services offered by third parties through the service is at your own discretion and risk.
- Your sole and exclusive right and remedy in case of dissatisfaction with the service, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the service.
- The Hook’s List entities’ maximum aggregate liability to you for losses or damages that you suffer in connection with the Service or these terms is limited to the greater of (i) the amount paid, if any, by you to the Hook’s List entities in connection with the service in the 12 months prior to the action giving rise to liability, or (ii) $100.
- The Hook’s List entities’ liability shall be limited to the maximum extent permitted by law, the Hook’s List entities will not be liable for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits or revenue, (iii) business interruption, (iv) reputational harm, (v) loss of information or data; or (vi) liability with respect to a consumer alert posted on any Hook’s List business pages for your business. The waivers and limitations specified in this section 12 will survive and apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.
- ARBITRATION, DISPUTES, AND CHOICE OF LAW
- If you are a resident of the United States or Canada:
- Except for excluded claims: any claim, cause of action, request for relief or dispute that might arise between you and hook’s list (“claims”) must be resolved by arbitration on an individual basis; you and we agree that each may bring or participate in claims against the other only in our respective individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and hook’s list agree otherwise, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, and may not otherwise preside over any form of a representative or class proceeding. You and hook’s list expressly waive the right to trial by a jury.
- Excluded Claims and Claims that cannot be arbitrated must be brought in court. California law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions. You or Hook’s List may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within San Francisco County, California and you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.
- Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rulesthen in effect. For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
- If you are a resident of a country located in the EEA or Switzerland, Irish law will govern these Terms, as well as any dispute that might arise between you and Hook’s List.
- You agree that any subpoena, third-party discovery request, or other third-party process directed to Hook’s List must issue from, or be domesticated by, the state or federal courts located within Rockland County, New York and you agree to submit to the jurisdiction of each of these courts for any related proceedings.
- If you are a resident of the United States or Canada:
- You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service.
- We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 1, 3, 5, 7–15 of the Terms of Service will continue in full force and effect.
- GENERAL TERMS
- We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
- Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on Hook’s List’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by Hook’s List.
- If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Hook’s List’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Hook’s List as a result of these Terms or your use of the Service.
Copyright © 2019 Hook’s List LLC, 90 Hamilton Avenue, Tappan, NY 10983, U.S.A.
1. INFORMATION WE COLLECT AND HOW WE USE IT
We may collect, transmit, and store information about you in connection with your use of the Service, including any information you send to or through the Service. We use that information to provide the Service’s functionality, fulfill your requests, improve the Service’s quality, engage in research and analysis relating to the Service, personalize your experience, track usage of the Service, provide feedback to third-party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Service, and comply with legal obligations. Even when we do not retain such information, it still must be transmitted to our servers initially and stored long enough to process.
Please also note:
- Account Information:When you create a Hook’s List account, we store and use the information you provide during that process, such as the first and last name you enter, email address, zip code, physical address, and any other information you may provide during the account creation process, such as a gender, phone number, or birth date. We may publicly display the name and that you provide, as well as any photo or other content you submit through the account creation process, as part of your account profile. We also store and use any preferences you provide to personalize your user experience, including your activity preferences. You can later modify some of the account information you provide through your account settings.
- Public Content:Your contributions to the Service are intended for public consumption and are therefore viewable by the public, including your photos, ratings, reviews, tips, lists, compliments and edits to business page information. Your account profile (e.g., name, city, neighborhood, the month and year you created your Hook’s List account, profile photos and list of friends on Hook’s List) is also intended for public consumption, as is some of your other activity through the Service, like how you vote on other people’s contributions (e.g., useful, funny, cool, helpful, or not helpful), which contributions you like, where you check-in (including when friends on Hook’s List tag you in their own check-ins), which contributions or users you follow, and which businesses you follow or bookmark. You can limit the public nature of some of these activities through your account settings.
- Contacts:You can invite others to join or become your friend on Hook’s List by providing us with their contact information, or by allowing us to access contacts from your computer, mobile device, or third-party sites to select which individuals you want to invite. If you allow us to access your contacts, we will transmit information about your contacts to our servers long enough to process your invitations.
- Communications:When you sign up for an account or use certain features, you are opting to receive messages from other users, businesses, and Hook’s List. You can manage some of your messaging preferences through your account settings, but note that you cannot opt out of receiving certain administrative, transactional, or legal messages from Hook’s List. For example, we may send you messages about your transaction using the contact information you provide, including through automated SMS text messages to your phone number. We may also track your actions in response to the messages you receive from us or through the Service, such as whether you deleted, opened, or forwarded such messages, and share that information with other parties to your messages (for example, to let them know if you have viewed their message). When a user requests a quote or similar information from multiple businesses through the Service, we may disclose to those businesses information about the status of the user’s requests, such as whether any business has responded to the request, the type of response provided (for example, a quote or a request for more information), and whether the user has responded to any business’s reply. If you exchange messages with others through the Service, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to use of the Service, as well as our efforts to improve the Service. We may not deliver messages that we believe are objectionable, such as spam messages, fraudulent solicitations, or requests to exchange reviews for compensation. If you send or receive messages through the Service via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. If you are a representative of a business listed on Hook’s List, or use a phone number associated now or previously with such a business, we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business. Our communications with you, including phone calls, may be monitored and recorded for quality purposes.
- Transactions: If you initiate a transaction through the Service, such as a reservation or purchase, we will collect and store information you provide associated with your transaction, such as your name, phone number, address, email, and payment information, as well as any other information you provide, in order to process your transaction, send communications about the transaction to you, and facilitate future transactions. This information may be shared with third-parties, and third-parties may share such information with us, for the same purposes. When you submit credit card numbers and other sensitive payment information, that information is encrypted using industry standard technology. If you write reviews about businesses with which you transact through the Service, we may publicly display the fact that you transacted with those businesses in connection with such reviews. For example, if you make a dining reservation through the Service and later write a review about your experience, we may publicly display the fact that you made your reservation through the Service.
- Activity:We store information about your use of the Service, such as your search activity, the pages you view, the date and time of your visits, businesses you call using our mobile applications, and reservations, purchases, or transactions you make through the Service. We also store information that your computer or mobile device may provide to us in connection with your use of the Service, such as your browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon-based location, and GPS location), and requested and referring URLs and mobile applications. We may also receive and store your location whenever our mobile applications are running, including when running in the background, if you enable our mobile apps to access such information in the course of using the Service. You may be able to limit or disallow our use of certain location data through your device or browser settings, for example by adjusting the settings for our applications in iOS or Android privacy settings.
- Different Devices:You may access the Service through different devices (e.g., your mobile phone or personal computer) and different platforms (e.g., the Hook’s List website or Hook’s List mobile apps). The information that we collect and store through those different uses may be cross-referenced and combined, and your contributions through one Hook’s List platform will typically be similarly visible and accessible through all other Hook’s List platforms.
- Professional Information:If you represent a business on Hook’s List, we may collect and display information about you related to your business activities, such as a business name that may incorporate your name, or a publicly available business address that is also used as a home address. We will also collect and display information about your professional background that you choose to share with us through the Service, such as information about your professional licenses or certifications, or your professional history or specialties.
- Legal Basis for Processing (EEA and Switzerland only):For European Residents, our legal basis for collecting and using the information described above will depend on the specific information concerned and the context in which we collect it. We, however, will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (for instance, to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations). If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). If we collect and use your personal information in reliance on our legitimate interests (or those of any third-party), this interest will typically be to operate our Services, communicate with you in relation to our Services, or for our other legitimate commercial interests, for instance, when responding to your queries, to analyze and improve our platform, engage in marketing, or for the purposes of detecting or preventing fraud. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at the address listed below in the “Contact Us” section.
|Processes||Intended to make the Service work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account.|
|Preferences||Intended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to send push notifications to your phone.|
|Notifications||Intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it.|
|Analytics||Intended to help us understand how visitors use the Service. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.|
You can set some Cookie preferences through your device or browser settings, but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking. Please note that changing any of these settings does not prevent the display of certain advertisements to you.
3. THIRD PARTIES
Third-parties may receive information about you as follows:
- Content Partners: We allow third-party partners to use and display some of the public content available through the Service, such as your photos, reviews, and other information listed under “Public Content” in Section 1 above.
- Service Providers: We rely on third-party service providers to support or provide services for us in connection with your use of the Service, such as communications and hosting, security and fraud prevention, technical and customer support, tracking and reporting usage of the Service, quality assurance testing, payment processing, marketing, and other functions. We share information from or about you with these third-party providers so that they can perform their services or complete your requests. For example, we may share your advertising identifiers (e.g., your IDFA, GAID, or a cryptographic hash of your email address) with third-party service providers that help us facilitate Hook’s List’s advertising programs and measure and report their effectiveness, including with third-parties that help determine the efficacy of Hook’s List’s advertising programs by combining information they receive about you from other sources than the Service. You may be able to limit our access to some of this information through your mobile device settings, as described in Section 2 above, or through the Service’s settings. Hook’s List’s third-party service providers may likewise share information with us that they obtain from or about you in connection with providing their services or completing your requests.
- Aggregate or Anonymous Information: We share user information in the aggregate with third-parties, such as businesses that are listed on Hook’s List and content distributors. For example, we disclose the number of users that have been exposed to or interacted with advertisements, or that we believe visited the physical location of a particular business.
- Businesses on Hook’s List: We may share information from or about you (such as your city, and if you provide it, your age and gender), your device type, and your use of the Service (such as which businesses you bookmark or call, or if you visit a business’s URL) with businesses on Hook’s List. Keep in mind that businesses can also view your public activity and posts, and may receive information from or about you when you transact or communicate with them, through Hook’s List or otherwise, regardless of your settings (see Section 1 above). Additionally, if you make a phone call to a business through or in connection with your use of the Service, we may share information about your call with the business that the business would have received had you called them directly, such as the date and time of your call and your phone number. You may be able to limit our ability to collect and share your phone number through your phone settings or phone service provider.
- Investigations and Legal Disclosures: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal or law enforcement processes, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process or law enforcement request; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public, such as disclosures in connection with Hook’s List’s Consumer Alerts program. If you flag or otherwise complain to us about content through the Service, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.
- Links: The Service may link to third-party-controlled websites, like a business’s URL. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices.
- Third-Party Integrations: If you sign up for, or log into, Hook’s List using a third-party service like Facebook or Google, or link your Hook’s List account to your account with a third-party service like Facebook, Instagram or Twitter, we may receive information about you from such third-party service. If you post content to a third-party service through the Service, that third-party service will also receive that content, which will be visible to anyone that has access to it through that third-party service. Some of our web pages utilize framing techniques to serve content to you from our third-party partners, while preserving the look and feel of the Service. In such cases, please note that the information you provide may be transmitted directly to the identified third-party partner. If you interact with businesses through Hook’s List, they will receive whatever information you choose to share with them, for example contact information you share through direct messages to the business or your phone number if you call the business.
4. CONTROLLING YOUR PERSONAL DATA
Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Service pseudonymously, though doing so could detract from the credibility of your contributions to the Service. Please also note that the messages you send or receive using the Service are only private to the extent that both you and the recipient(s) of your messages keep them private. For example, if you send a message to another user, that user may choose to publicly post it. We may access, review, and disclose such messages in connection with investigations related to use of the Service, as well as our efforts to improve the Service.
5. DATA RETENTION AND ACCOUNT TERMINATION
The Service is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us on the Contact Us page. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.
We use various safeguards to protect the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
8. CONTACT INFORMATION
Hook’s List LLC
Attn: Data Privacy Manager
90 Hamilton Avenue
Tappan, NY 10983
For security purposes, we will take such steps as we deem necessary to confirm your identity before completing your request or sharing any personal data with you.
10. CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights around Hook’s List’s collection, use, and sharing of their personal information.
Hook’s List does not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your personal information.
Hook’s List collects various categories of personal information when you use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information Hook’s List collects and how we use it is provided above in Section 1 (Information We Collect and How We Use It). Section 3 (Third-Parties) describes the categories of third-parties with whom we share personal information, and what information may be shared under different circumstances.
If you are a resident of California, you have the right to request to know what personal information has been collected about you, and to access that information. You also have the right to request deletion of your personal information, though exceptions under the CCPA may allow Hook’s List to retain and use certain personal information notwithstanding your deletion request. You can request more about how to submit a data rights request through Hook’s List through our Contact Us page. You may also send your request by email to firstname.lastname@example.org. We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.
Separate from the CCPA, California’s Shine the Light law gives California residents the right to ask companies what personal information they share with third-parties for those third-parties’ direct marketing purposes. We do not disclose your personal information to third-parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above in Section 8.
11. NEVADA RESIDENTS: YOUR NEVADA PRIVACY RIGHTS
Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. Hook’s List does not sell your personal information to third-parties as defined in Nevada law, and will not do so in the future without providing you with notice or an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us through the Contact Us page.
12. EUROPEAN RESIDENTS: YOUR PRIVACY RIGHTS AND INTERNATIONAL DATA TRANSFER
Hook’s List is not compliant with European Privacy standards yet. If European residents register an account with us or use our Service in any way, that data is not secured under European data privacy standards. Hook’s List does not ensure adherence to European Privacy standards. Hook’s List reserves the right to remove data regarding European parties using the Service.
Copyright © 2019 Hook’s List LLC, 90 Hamilton Avenue, Tappan, NY 10983, U.S.A.