Introduction
This Privacy Policy (“Policy”) explains what you can expect from us and what we need from you in relation to your personal data. Please read this carefully as this Policy is legally binding when you use our Services.
We want you to understand why and how Hi Stellar LLC (“Stellar”, “we”, “us” and/or “our”) collects, uses, discloses and or/processes your Personal Data (as defined below) under California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act in 2020 (CPRA).
This Policy applies to you and all Individuals (as defined below) who provide Stellar with Personal Data or whose Personal Data is otherwise collected, used, processed, stored and/or disclosed by Stellar in connection with and/or for the purposes of its operations.
This Policy supplements but does not supersede or replace any previous consent which you may have provided to Stellar, nor does it affect any legal rights that Stellar may have regarding the collection, use, processing and/or disclosure of any Individual’s Personal Data.
Stellar may from time to time update this Policy to ensure that it is consistent with our business needs or to accommodate amendments to applicable legal or regulatory requirements. All updates to this Policy will be published online at www.HiStellar.com (the “Stellar Website”). Notification of any material revisions will also be published on the Stellar Website. You shall be deemed to have accepted the Policy as amended by continuing your relationship with Stellar (including by accessing the Stellar Website, Dashboard or using any of the Stellar Services (as defined in the Terms)) after any amendments have been published on the Stellar Website.
This Policy forms part of the terms and conditions, if any, governing your specific relationship with Stellar (“Terms and Conditions”) and it should be read in conjunction with the Terms and Conditions. In the event of any conflict or inconsistency between the provisions of this Policy and the Terms and Conditions, the provisions of the Terms and Conditions shall prevail to the fullest extent permissible by law.
There are some information which are mandatory for us to collect in order to provide our services to you as part of being regulated.
A cookie is a small piece of data that is stored on your computer or mobile device.
Our principles of data protection
Our approach to data protection is built around 3 key principles. They’re at the heart of everything we do relating to personal data.
User Sovereignty: You have full control over your data and you have the ability to make changes as required.
Transparency: We take a human approach to how we process personal data by being open, honest and transparent.
Security: We ensure industry leading approaches to securing the personal data entrusted to us.
1. Definitions: For the purposes of this Policy:
“Individual” (or “you”) means a natural person, whether living or deceased and “Individuals” (and “your”) shall be construed accordingly;
“Personal Data” shall mean data, whether true or not, about an Individual who can be identified (a) from that data; or (b) from that data and other information to which Stellar has or is likely to have access to;
“Personnel” means any Individual engaged under a contract of service with Stellar including permanent or temporary employees as well as trainees and interns engaged by Stellar from time to time; and
“Potential Personnel” means any Individual who has submitted an application to be engaged by Stellar as Personnel.
2. Purposes for collection, use and disclosure of Personal Data
Stellar will only collect, use and disclose Personal Data from/or related to an Individual for the following purposes:
a) Facilitating the provision of Stellar products and services which are used by you and from time to time send you newsletters, marketing or promotional materials and any other information that may be relevant to you;
b) Communicating with you to assist you with your enquiries;
c) Dealing with administrative matters relating to the product and/or services purchased and/or subscribed to by you;
d) Conducting market research and customer satisfaction surveys;
e) Performing audit, risk assessment, fraud and crime prevention, in administering the Company and providing the services;
f) To provide, operate, and maintain the Stellar Website;
g) To improve, personalize, and expand the Stellar Website;
h) Understand and analyze how you use the Stellar Website;
i) To develop new products, services, features, and functionalities;
j) Finding and preventing fraud;
k) Preparing and using log files;
l) other purposes that we notify you of at the time of obtaining your consent to collect, use and/or to disclose your Personal Data
m) verifying and carrying out financial transactions in relation to payments you make online;
n) to improve Stellar’s products and/or services;
o) to resolve any disputes that may arise between Stellar and you; and
p) to comply with applicable laws,
(collectively, the “Purposes”).
3. Collection of Personal Data
Generally, Stellar may collect Personal Data from you in one or more of the following ways or circumstances:
a) Information provided directly: You may be asked to provide Personal Data when you visit or use some parts of our websites and/or services. You do not have to provide us with your Personal Data; however, it could mean that you are not able to access some parts of our website or use our services.
b) Information collected automatically: Some information is collected automatically, such as an IP address and device type, when you visit our websites or use our services. This information is useful to us as it provides us with a better understanding of how you are interacting with our websites and services so that we can continue to provide you with the best experience possible.
c) Information from third parties: The majority of information that we collect is collected directly from you. Some data may be collected from other sources, such as information that is available in the public domain or trusted third parties in order to conduct background checks as part of your relationship with us. We use this information to supplement the Personal Data that we have collected from you.
Where your Personal Data is collected from third parties, we will only use such Personal Data where you have provided your consent to the third party which would also cover our processing of your Personal Data.
Some of the information we collect may include your personal data, such as your full name, contact information, copy of passport or other identification, telephone number(s), residential address, email address, biometric data and other personal data required by government agencies, product and service selections, and other data that may identify you. We collect personal data about you at several different points, including but not limited to the following:
- when we correspond with you as a customer or prospective customer;
- when you visit the Stellar Website or use the Platform;
- when you use our software or services;
- when you register as an end-user of our services and an account is created for you;
- when you opt-in our newsletter program;
- when you decide to participate in a survey;
- When you voluntarily provide us with your information through our landing pages
As part of our onboarding process, there is some information which we may have to collect from you, without which we would not be able to provide you our services. In order to do so, we make use of independent providers to help us carry out identity checks on our behalf. When this happens, you will be redirected outside of Stellar Platform. The information required might include an image, images of an identity document (e.g. a passport or a driver’s license) or a live video. The exact information needed depends on the check that’s being carried out.
We seek to protect the information we share by imposing contractual privacy and security safeguards on the recipient of the information. Whenever redirected outside of Stellar, we encourage you to read the provider’s relevant privacy policy in order to have a better understanding on how your data is being processed.
Please note that if you choose not to provide us with your Personal Data or choose not to consent to our collection, use and disclosure of your Personal Data, we may not be able to provide some or all of our services to you or respond to your other requests; for job applicants, we would not be able to evaluate your suitability against our employment opportunities.
4. Sharing Information Outside Stellar
Stellar shares information with external parties that are performing tasks on our behalf (including data processors and sub-contractors) and with other companies, organizations, government bodies, and individuals outside Stellar where we have a legitimate legal reason for doing so (for example, in connection with any merger or acquisition or to comply with a court order) or where we have been instructed to share the information on behalf of our clients.
5. Consent
Unless otherwise authorized under any applicable law, Stellar will not collect, use or disclose your Personal Data without your knowledge and consent. Stellar will highlight the Purposes relevant to you, by appropriate means, at the point or time of collection of your Personal Data.
Stellar may obtain your consent by any of the following means:
a) via express provisions in a contract, application form and/or registration form to be signed with or submitted to Stellar; or
b) via notifications on the Stellar Website.
In so far as any Purpose(s) are intrinsic to the relationship or provision of services, Stellar reserves the right to decline to engage in the relevant relationship or to provide the relevant services to you if you do not consent to Stellar’s collection, use or disclosure of your Personal Data for such purposes.
By using the Stellar Website, you hereby consent to our Privacy Policy and agree to its terms.
If you:
a) voluntarily provide Personal Data to Stellar for any specified purpose; and/or
b) attend or participate in events or programs organized by Stellar,
you will be deemed to have agreed and consented to Stellar collecting, using and/or disclosing your Personal Data in the manner and for the purposes set forth in this Privacy Policy.
If you provide Stellar with Personal Data relating to a third party Individual (e.g. information of his or her spouse or children) for any particular purpose, you represent and warrant to Stellar that you have: (a) informed such third party Individual that their Personal Data has been or will be disclosed to Stellar by you; (b) informed such third party Individual that their Personal Data will be collected, used, disclosed and/or processed by Stellar in the manner and for the purposes as set out in this Policy; and (c) obtained the consent of the relevant third party Individual for the foregoing in accordance with all applicable laws (including the CCPA).
6. Disclosure of Personal Data
There may be occasions where we may need to share your Personal Data with third parties. Stellar will disclose your Personal Data only in the following circumstances:
a) to Stellar’s third party service providers or agents;
b) to Stellar’s auditors and professional advisors;
c) to regulators, law enforcement bodies, government agencies, courts or any other third party to whom disclosure is permitted or required by any applicable law or regulation;
d) to other parties where we have your consent.
7. Request to Withdraw Consent
You have the right to withdraw your consent to the collection, use and/or disclosure of your Personal Data in the possession of Stellar by submitting your request to legal@histellar.com. at any time.
We will process your request for the withdrawal of consent within a reasonable period of time from such a request being made. After that time, we will not collect, use and/or disclose your Personal Data in the manner stated in your request.
Your withdrawal of consent could affect the services that we are able to provide to you. Depending on the extent of your withdrawal of consent for us to process your Personal Data, it may mean that we are not able to continue with our existing business relationship.
8. Cookies
We may place and access certain cookies on your computer and/or any electronic device used to access the Stellar Website. We use cookies to improve your experience using the Stellar Website, to improve our Services, store information including visitors’ preferences, and the pages on the Stellar Website that you access or visit. The information is used to optimize your experience by customising our web page content based on your browser type and/or other information. We have taken steps to ensure that your privacy is protected and respected at all times. With regards to data that is collected by cookies, you may disable the use of cookies on your internet browser when accessing the Stellar Website. However, disabling the use of cookies may result in the loss of functionality, restrict your use of the Stellar Website and/or delay or affect the way in which the Stellar Website operates.
9. Security and Transfer of Personal Data
Stellar shall make reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks to Personal Data in its possession.
If Stellar transfers Personal Data outside of the United States, Stellar will take reasonable steps to ensure that such Personal Data transferred receives a standard of protection comparable to the protection received under CCPA and such transfer shall be subject to this Policy.
Stellar will ensure that third parties who receive Personal Data from Stellar protect such Personal Data in a manner consistent with this Policy and not use such Personal Data for any purposes other than those specified by Stellar, by incorporating appropriate contractual terms in its written agreements with third parties.
Stellar is not responsible in any way for the security and/or management of Personal Data shared by you with third party websites accessible via links on the Stellar Website.
In the event of a breach of security in respect of any Personal Data, Stellar shall promptly (but as soon as practical from a security perspective) provide notice of such breach to you and any individuals acting on behalf of you, setting out the extent of the breach, the affected Personal Data and any steps taken by Stellar to remedy and limit the consequences of the breach.
10. Third party websites
The Stellar Website may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility for them. Please check these policies before you submit any personal data to these websites.
11. Accuracy of Personal Data
Information voluntarily provided by you to Stellar shall be deemed complete and accurate.
Stellar will take reasonable steps to verify the accuracy of Personal Data received at the point of collection, but you will remain primarily responsible and liable to ensure that all Personal Data submitted by you to Stellar is complete and accurate.
Stellar will also take reasonable steps to periodically verify the Personal Data in its possession, taking into account the scope of its operations. However, you remain responsible for notifying Stellar, from time to time, of any applicable changes to your Personal Data. You can amend your Persona Data on the Stellar Platform or you may notify your assigned associate at any time.
Stellar shall not be held liable for any inability on its part to provide services to you if you fail to ensure that your Personal Data submitted to Stellar is complete and accurate.
12. Access to and correction of Personal Data
In general, the rights afforded to individuals are:
a) Right to Access
The right to request access to be provided with: (i) your Personal Data that we have in our possession or control; and (ii) and information about the ways in which the personal data mentioned in paragraph (i) has been or may have been used or disclosed by Stellar within a year before the date of the request.
b) Right of Correction/Rectification
The right to request that we amend or update your Personal Data where it is inaccurate or incomplete. Kindly note that while we shall make a reasonable effort to ensure that the Personal Data we collect is accurate and complete, you are responsible for ensuring the accuracy of the Personal Data that you provide to us directly.
c) Right to Withdraw Consent
You have right to withdraw your consent at any time, where consent is the legal basis of the processing of your Personal Data. Kindly note that depending on the nature and scope of your request, we may not be in a position to continue performing our obligations in the course of or in connection with the Event to you.
For individuals covered by the GDPR, they also have the following rights (as available and subject to any applicable law):
d) Right to Erasure
The right to request that we temporarily or permanently stop processing all or some of your Personal Data.
e) Right to Object
The right to object to your Personal Data being processed by us for direct marketing purposes, or to, at any time, object to us processing your Personal Data on grounds relating to your particular situation
f) Right to Data Portability
The right to request a copy of your Personal Data in electronic format and the right to transmit that Personal Data for use in another party’s service.
g) Right not to be subject to Automated Decision-making
The right to not be subject to a decision based solely on automated decision-making where the decision would have a legal effect on you or produce a similarly significant effect.
If we send you electronic marketing messages (i.e newsletters) based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection at no cost. The electronic marketing messages you receive from Stellar will also include an “unsubscribe” option within the message itself to enable you to manage your Personal Data. Please note that if you opt-out of receiving direct marketing materials, we may still send you non-promotional messages, such as receipts or information about the Services we are providing to you.
Additionally, you have the right at any time to lodge a complaint with your local Data Protection Authority if you are unhappy with the way in which we are using your Personal Data.
13. Retention of Data
The length of time that we keep your Personal Data depends on what it is and whether we have an ongoing business need to retain it.
We will only retain your data for as long as necessary to fulfil the purposes for the collection of such Personal Data, unless we have other legal or business or purposes.
Upon the expiry of time relating to any business needs or legal requirements to retain your Personal Data we will ensure that your Personal Data is deleted or anonymized.
14. Making a complaint
You are welcome to contact our Data Protection Officer if you have any complaint or grievance about how we are handling any Personal Data in our control or possession by contacting your assigned associate.
15. Miscellaneous
If any provision of this Policy shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of this Policy in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of this Policy in any other jurisdiction shall not be affected.
Nothing in this Policy shall be construed as Stellar providing an indemnity to any Customer in relation to any Customer Data or use thereof. Stellar expressly excludes liability or any losses which the Customer may suffer on account of Stellar’s collection, storage or use of Customer Data in accordance with this Policy. In any event, Stellar expressly excludes any liability to the Customer which are in the nature of indirect or consequential losses, special losses, loss of profits, loss of contracts, loss of reputation or goodwill, or other tangential or intangible losses that a Customer may suffer on account of a breach of this Policy by Stellar or any of its agents or service providers.
16. Children’s Privacy
Our Services are not directed to individuals under 16. We do not knowingly collect Personal Information from children under 16. If we become aware that a child under 16 has provided us with Personal Information, we will take steps to delete such information. If you become aware that a child has provided us with Personal Information, please contact us at legal@histellar.com. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
17. Contacting our Data Protection Officer
If you would like further information about this Privacy Policy or how we collect, use and disclose your personal data, please contact our Data Protection Officer at:
Addendum:
Privacy Notice for California Residents
Effective Date: August, 2023
Last Reviewed on: August, 2023
This Privacy Notice for California Residents supplements the information contained in our privacy policy above 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.
Information We Collect
Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”). In particular, our Website has collected the following categories of personal information from its consumers within the last twelve (12) months:
Category A: Identifiers
Examples: A real name, Internet Protocol address, email address, or other similar identifiers.
Collected: YES
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: 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.
Collected: YES, with your consent
Category C: Protected classification characteristics under California or federal law.
Examples: 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).
Collected: YES, with your consent, certain Category C information may be required for the provision of services
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Use of Personal Information
We may use, or disclose the personal information we collect for one or more of the following business 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 you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- 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.
- 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.
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.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Stellar has not disclosed personal information for a business purpose.
Sales of Personal Information
Stellar does not, and in the preceding twelve (12) months, has not sold personal information.
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, 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, by emailing us at legal@histellar.com. Once we receive and confirm your verifiable consumer request, 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, 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.
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 sending us a message to legal@histellar.com . Only you, or a person registered with the California Secretary of State that you authorize 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. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
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. 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, specifically by electronic mail communication.
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.
Personal Information Sales Opt-Out and Opt-In Rights
While Stellar does not sell any personal information, you have the right, if you are 16 years of age or older, to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by sending us a message to legal@histellar.com.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our Website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.
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 result in 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.
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. To make such a request, please send us an email to legal@histellar.com.
