Updated and effective as of October 9, 2019
The Data we collect depends on how our Services are used. Sometimes we receive Data directly, such as when a Hydrogen account is created, test transactions are submitted through our website, the Hydrogen Sandbox is used, or we receive an email. Other times, we get Data by recording interactions with our Services – for example, using technologies like cookies and web beacons. We also get Data from third parties, like our financial partners or identity verification services.
The collection and use of data from a variety of sources is essential to our ability to provide our Services – and to help keep the Services safe. Data is critical in helping us to increase the safety of Your online payments, and reduce the risk of fraud, money laundering and other harmful activity.
a. Personal Data. We call Data that identifies, or that could reasonably be used to identify, You as an individual "Personal Data". We collect Personal Data in different ways. For example, we collect Personal Data when a Developer or Enterprise registers for a Hydrogen account ("User"), a Customer interacts with a User’s website or application, a person responds to Hydrogen emails or surveys. We also receive Personal Data from other sources, such as our partners, financial service providers, identity verification services, and publicly available sources. Personal Data does not include Data that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person. The Personal Data that we may collect includes:
b. Other Data. We call Data other than Personal Data "Other Data". We collect Other Data through a variety of sources. One of our sources for Other Data is cookies and other technologies that record Data about the use of our websites, websites that implement our Services, and the use of our Services generally. Other Data that we may collect include:
a. Personal Data. We and our service providers use Personal Data to: (i) provide the Services; (ii) detect and prevent fraud; (iii) mitigate financial loss or other harm to Users, Customers, and Hydrogen; and (iv) promote, analyze and improve our products, systems, and tools. Examples of how we may use Personal Data include:
Hydrogen does not sell or rent Personal Data to marketers or unaffiliated third parties. We share Your Personal Data with trusted third parties, including:
a. To Hydrogen Affiliates. We share Data with entities worldwide that we control, are controlled by us, or are under our common control, to provide our Services. The Hydrogen Technology Corporation is the party responsible for overall management and use of the Data by these affiliated parties
b. To Hydrogen Service Providers. We share Data with service providers who help us provide the Services. Service providers help us with things like payment processing (i.e., banks, credit bureaus, payment method providers), website hosting, data analysis, information technology and related infrastructure, customer service, email delivery, and auditing;
c. To Our Users. We share Data with Users (such as merchants and application providers) as necessary to process payments or provide the Services. For example, we share Data with Users about usage by their Customers through the applications built on Hydrogen APIs and services
e. To Third Parties. We will share Data with third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings); and
f. Safety, Legal Purposes and Law Enforcement. We use and disclose Data as we believe necessary: (i) under applicable law, or payment method rules; (ii) to enforce our terms and conditions; (iii) to protect our rights, privacy, safety or property, and/or that of our affiliates, You or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside Your country of residence.
You have choices regarding our use and disclosure of your Personal Data: (a) Opting out of receiving electronic communications from us. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services. (b) How you can see or change your account Personal Data. If You would like to review, correct, or update Personal Data that You have previously disclosed to us, You may do so by signing in to your Hydrogen account or by emailing us. (c) Your data protection rights. Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:
(i) The right to request confirmation of whether Hydrogen processes Personal Data relating to you, and if so, to request a copy of that Personal Data; (ii) The right to request that Hydrogen rectifies or updates your Personal Data that is inaccurate, incomplete or outdated; (iii) The right to request that Hydrogen erase your Personal Data in certain circumstances provided by law; (iv) The right to request that Hydrogen restrict the use of your Personal Data in certain circumstances, such as while Stripe considers another request that you have submitted (including a request that Stripe make an update to your Personal Data); and (v) The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you. Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.
In order to exercise your data protection rights, you may contact Hydrogen. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request. If you are a Customer of a Hydrogen User, please direct your requests directly to the User.
We use reasonable organizational, technical and administrative measures to protect Personal Data within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If You have reason to believe that Your interaction with us is no longer secure (for example, if You feel that the security of Your account has been compromised), please contact us immediately.
If you are located in the European Economic Area (“EEA”) or Switzerland, we comply with applicable laws to provide an adequate level of data protection for the transfer of your Personal Data to the US. Please note, Hydrogen is not yet certified under the EU-U.S. and the Swiss-U.S. Privacy Shield Framework.
You have choices regarding our use and disclosure of Your Personal Data:
a. Opting out of receiving electronic communications from us. If You no longer want to receive marketing-related emails from us on a going-forward basis, You may opt-out via the unsubscribe link included in such emails. We will try to comply with Your request(s) as soon as reasonably practicable. Please note that if You opt-out of receiving marketing-related emails from us, we may still send You important administrative messages that are required to provide You with our Services.
b. How You can access or change Your Personal Data. If You would like to review, correct, or update Personal Data that You have previously disclosed to us, You may do so by signing in to Your Hydrogen account or by contacting us
If emailing us Your request, please make clear in the email what Personal Data You would like to have changed. For Your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that You use to send us Your request, and we may need to verify Your identity before implementing Your request. We will try to comply with Your request as soon as reasonably practicable.
The Site is not directed at children under the age of 13, and we request that they not provide Personal Data through the Services. We operate our websites in compliance with the Children’s Online Privacy Protection Act and will not knowingly collect or use personally identifiable information from anyone under 13.
We may collect, use and disclose certain Personal Data about Customers when acting as the User’s service provider. Our Users are responsible for making sure that the Customer’s privacy rights are respected, including ensuring appropriate disclosures about third party data collection and use. To the extent that we are acting as a User’s data processor, we will process Personal Data in accordance with the terms of our agreement with the User and the User’s lawful instructions.
The Hydrogen Technology Corporation
915 Broadway, Suite 801
New York, NY 10010
Attention: Hydrogen Legal
Because email communications are not always secure, please do not include credit card or other sensitive Data (such as racial or ethnic origin, political opinions, religion, health, or the like) in Your emails to us.