HARD CALL LLC COOKIES AND TRACKING POLICY
Effective Date: 2025
1. INTRODUCTION
1.1 This Cookies and Tracking Policy ("Policy") explains how HARD CALL LLC, organized and operating from the Commonwealth of Massachusetts ("Hard Call," "we," "us," or "our"), uses cookies and similar tracking technologies in connection with our communication-processing platform, websites, applications, dashboards, and related online services (collectively, the "Services").
1.2 This Policy is intended to withstand regulatory and judicial scrutiny under U.S. federal, state, and international legal frameworks applicable to cookies, online tracking, privacy, and electronic communications, including, as applicable, the General Data Protection Regulation ("GDPR"), UK GDPR, the ePrivacy rules in the EU, the California Consumer Privacy Act as amended by the CPRA ("CCPA/CPRA"), state privacy laws, the Federal Trade Commission Act ("FTC Act") Section 5, the Electronic Communications Privacy Act ("ECPA"), and related guidance.
1.3 This Policy supplements the Hard Call Privacy Policy and Terms of Service ("Terms"). Capitalized terms not defined herein have the meanings given in those documents. In the event of conflict between this Policy and the Privacy Policy regarding cookies and tracking, this Policy shall control to the extent it is more specific, unless Applicable Law requires otherwise.
1.4 By using the Services, and where required by Applicable Law by clicking "Accept" or adjusting your cookie preferences, you consent to the use of cookies and tracking technologies as described in this Policy, to the extent permitted by law. If you do not agree with this Policy, you shall manage your cookie settings as described in Section 11 or discontinue use of the Services.
2. DEFINITIONS
2.1 "Applicable Law" means all applicable federal, state, local, and international laws, regulations, and rules governing privacy, data protection, consumer protection, electronic communications, and online tracking, including without limitation GDPR, UK GDPR, CCPA/CPRA, EU ePrivacy rules, ECPA, the FTC Act, state privacy laws, and any implementing or interpretive guidance issued by regulators.
2.2 "Cookie" means a small text file stored on your device (such as a computer, smartphone, or tablet) when you visit or use the Services, which may contain information such as a unique identifier, site name, and some digits and numbers.
2.3 "First-party Cookie" means a Cookie that is set directly by Hard Call or on our behalf on a domain that we control.
2.4 "Third-party Cookie" means a Cookie set by a third party on a domain not controlled by Hard Call, typically when we embed third-party elements or use third-party analytics or advertising services.
2.5 "Tracking Technologies" means Cookies and other similar technologies used for online tracking, including pixels, tags, beacons, SDKs, local storage, and device identifiers.
2.6 "Personal Data" means any information relating to an identified or identifiable natural person, as defined in GDPR, UK GDPR, CCPA/CPRA, and analogous laws, which may be collected through Cookies or Tracking Technologies, such as IP address, online identifiers, device IDs, and usage data.
2.7 "Strictly Necessary Cookies" means Cookies that are essential for the operation of the Services or to provide functions you request, such as maintaining session state, ensuring security, and enabling basic functionality, and which typically do not require consent under GDPR or ePrivacy rules.
2.8 "Non-essential Cookies" means Cookies that are not strictly necessary, such as analytics, performance, preference, or advertising Cookies, which may require consent or opt-out mechanisms depending on Applicable Law.
3. SCOPE AND RELATIONSHIP TO OTHER DOCUMENTS
3.1 This Policy applies to Cookies and Tracking Technologies used when you access or use the Services, whether as a Client, Recipient, Editor, or other User, and regardless of whether you are logged into an account.
3.2 This Policy should be read together with the Privacy Policy, which describes how Hard Call processes Personal Data collected via Cookies and other means, and with the Terms, which govern your overall use of the Services.
3.3 Certain third-party services that integrate with or are linked from the Services (for example, payment processors, analytics providers, or embedded tools) may use their own Cookies and have their own cookie or privacy policies. Hard Call is not responsible for third-party practices, and your interaction with those third parties is subject to their policies and Applicable Law.
3.4 In jurisdictions that require separate cookie consent or disclosures (for example, under GDPR and ePrivacy rules), this Policy and any cookie banner or preference center operated by Hard Call are intended to satisfy those requirements.
4. TYPES OF COOKIES AND TRACKING TECHNOLOGIES WE USE
4.1 Strictly Necessary Cookies. These Cookies are essential for the operation of the Services and cannot be switched off in our systems. They are usually only set in response to actions you take that amount to a request for services, such as logging in, setting privacy preferences, filling in forms, maintaining session integrity, and safeguarding security. You may set your browser to block or alert you about these Cookies, but some parts of the Services may then not function properly.
4.2 Performance and Analytics Cookies. These Cookies allow us to count visits and traffic sources so we can measure and improve the performance of the Services. They help us understand which pages are the most and least popular and see how visitors move around the site. Information collected by these Cookies is often aggregated, but may sometimes be associated with a device or account. Where required by law, we will obtain your consent before using performance or analytics Cookies.
4.3 Functionality Cookies. These Cookies enable the Services to provide enhanced functionality and personalization, such as remembering your preferences, saved settings, or language choices. If you do not allow these Cookies, some or all of these services may not function properly.
4.4 Targeting or Advertising Cookies. Hard Call’s core Services are not designed as an advertising platform. However, in limited circumstances, we may use or allow third parties to use Cookies to deliver relevant information, measure the effectiveness of outreach campaigns, or retarget visitors with Hard Call-specific content where such practices are lawful. Where Applicable Law treats such practices as "selling" or "sharing" Personal Data (for example, under CCPA/CPRA), we will provide appropriate notices and opt-out mechanisms.
4.5 Web Beacons, Pixels, and Tags. We may use small electronic files known as web beacons, pixels, or tags that allow us, for example, to count users who have visited certain pages, track email opens or link clicks, or measure the success of campaigns. These technologies often rely on Cookies to function.
4.6 Local Storage and SDKs. We may use browser or device-based local storage and software development kits (SDKs) in our mobile or desktop applications to store certain preferences, cache content, or collect usage data. These technologies are treated similarly to Cookies under this Policy where they function in a comparable manner.
5. PURPOSES AND LEGAL BASES FOR USING COOKIES
5.1 We use Cookies and Tracking Technologies for the following purposes: (a) to operate and secure the Services; (b) to remember your preferences and settings; (c) to measure and improve performance; (d) to understand how Users interact with the Services; (e) to support safety and abuse prevention; and (f) in limited cases, to support outreach or marketing about Hard Call.
5.2 Under GDPR, UK GDPR, and analogous laws, our legal bases for using Cookies and Tracking Technologies include: (a) our legitimate interests in operating a secure, reliable, and user-friendly platform; (b) contract performance where Cookies are necessary to provide Services you request; (c) compliance with legal obligations, including security and fraud prevention; and (d) your consent where required for non-essential Cookies, particularly analytics and advertising Cookies.
5.3 Under CCPA/CPRA and similar state laws, our use of Cookies and Tracking Technologies may constitute "processing," and in some cases "selling" or "sharing" Personal Data for cross-context behavioral advertising. Where such classifications apply, we will provide additional notices and opt-out opportunities, including honoring opt-out preference signals where required.
5.4 We apply data minimization and proportionality principles to cookie-based data, limiting retention and access to what is reasonably necessary for the purposes described in this Policy and the Privacy Policy.
6. COOKIE CONSENT, PREFERENCES, AND BANNERS
6.1 Where required by GDPR, UK GDPR, ePrivacy rules, or similar laws, Hard Call will provide a cookie banner or equivalent interface when you first visit the Services from the relevant jurisdiction, allowing you to: (a) accept all Cookies; (b) reject non-essential Cookies; or (c) customize your preferences for different categories of Cookies.
6.2 We will not set non-essential Cookies (such as analytics or advertising Cookies) until you provide consent where required by law. You may withdraw or modify your consent at any time using the cookie preference tools available in the Services, without affecting the lawfulness of processing based on consent before withdrawal.
6.3 We may periodically remind you of your cookie preferences and request that you reconfirm them, particularly if significant changes occur in our cookie practices or Applicable Law.
6.4 Consent records may be stored for a defined period to demonstrate compliance with consent requirements and to avoid repeatedly requesting consent, consistent with retention practices described in the Data Retention and Deletion Policy.
7. CCPA/CPRA, "SALE" AND "SHARING" OF PERSONAL DATA
7.1 Under CCPA/CPRA, certain analytics, advertising, or cross-context behavioral tracking activities may be deemed a "sale" or "sharing" of Personal Data, even where no monetary compensation is exchanged. Hard Call does not sell Personal Data in the traditional sense, but some Third-party Cookies or Tracking Technologies may fall within these broad definitions.
7.2 Where our use of Cookies and Tracking Technologies constitutes a "sale" or "sharing" under CCPA/CPRA, we will: (a) include specific disclosures in our Privacy Policy and notices at collection; (b) provide a "Do Not Sell or Share My Personal Information" mechanism or equivalent; and (c) honor browser-based opt-out preference signals (such as Global Privacy Control) where required by law.
7.3 If you exercise your right to opt out of sale or sharing, we will restrict our use of Cookies and Tracking Technologies for cross-context behavioral advertising to the extent required by CCPA/CPRA, but may continue to use Cookies that are necessary for core Services or that support non-targeted analytics, as permitted by law.
7.4 We will not retaliate against you for exercising your CCPA/CPRA rights, including rights related to Cookies and Tracking Technologies.
8. CHILDREN, MINORS, AND COPPA CONSIDERATIONS
8.1 The Services are intended for individuals aged 18 and older. Hard Call does not knowingly place Cookies or Tracking Technologies for behavioral profiling or targeted marketing in connection with Users known to be under 13 years of age in violation of COPPA, or under 18 where our Terms prohibit use.
8.2 If we learn that we have collected Personal Data via Cookies or other Tracking Technologies from a child under 13 in violation of COPPA, we will take reasonable steps to delete such information and, where applicable, disable associated identifiers from further tracking, subject to limited retention required for security or legal purposes.
8.3 Parents or guardians who believe their child may have accessed the Services or been subject to tracking in violation of this Policy should contact us using the information in Section 15 so that we can take appropriate action.
9. THIRD-PARTY COOKIES AND TRACKERS
9.1 We may allow third-party service providers, such as analytics providers, security vendors, performance monitoring services, or limited outreach partners, to set Cookies or use Tracking Technologies on the Services to assist us in operating, analyzing, and improving the Services.
9.2 These third parties may collect information about your online activities over time and across different websites or services, in accordance with their own privacy policies and subject to Applicable Law. Hard Call requires such third parties to provide appropriate contractual safeguards, including data processing agreements where required by GDPR or CCPA/CPRA.
9.3 We do not permit third parties to use Cookies on the Services for their own unrelated advertising or profiling purposes without appropriate notice and consent mechanisms dictated by Applicable Law.
9.4 You can learn more about the specific third-party services we use and, where applicable, how to opt out of their tracking, in our Privacy Policy or in our cookie preference tools, which may link to the relevant third-party opt-out pages.
10. ANALYTICS, PERFORMANCE, AND SAFETY USES
10.1 We use analytics and performance Cookies to understand how Users navigate the Services, identify usability issues, diagnose technical problems, and improve features, in line with the safety-focused mission of Hard Call. Data collected through these Cookies may include IP addresses, device types, browser versions, language preferences, and interaction metrics.
10.2 We may use Tracking Technologies to detect abnormal usage patterns that could indicate Platform Abuse, fraud, or security threats, consistent with ECPA, CFAA, and other cybersecurity obligations. Such safety-related tracking is treated as necessary for legitimate interests and legal compliance under Applicable Law.
10.3 Where possible, we seek to aggregate or pseudonymize analytical data and limit access to such data to personnel with a legitimate need, as described in the Privacy Policy and our Data Retention and Deletion Policy.
11. YOUR CHOICES, BROWSER SETTINGS, AND CONTROLS
11.1 You have several options for managing Cookies and Tracking Technologies: (a) using our in-Service cookie preference tools; (b) configuring your browser settings; and (c) using industry tools and platform-specific controls, subject to their limitations and Applicable Law.
11.2 Most web browsers allow you to control Cookies through their settings, which may enable you to block or delete Cookies, or to receive alerts before a Cookie is stored. Please refer to your browser’s documentation for instructions. If you block all Cookies, some parts of the Services may not function properly.
11.3 Mobile operating systems and app platforms may provide additional controls for interest-based advertising or device identifiers. You may adjust such controls through your device settings, recognizing that these options are provided by third parties and are subject to their terms.
11.4 Where legally required, we will honor opt-out preference signals (such as Global Privacy Control) submitted through supported browsers or extensions, treating such signals as requests to opt out of sale or sharing of Personal Data associated with Cookies, as required by CCPA/CPRA or analogous laws.
11.5 Adjusting your cookie or tracking preferences does not affect all forms of data processing (for example, data collected through non-cookie channels), and you may need to exercise additional privacy rights as described in the Privacy Policy.
12. DO NOT TRACK AND GLOBAL PRIVACY CONTROL
12.1 Some browsers include a "Do Not Track" ("DNT") signal that can be sent to websites. There is currently no universally accepted standard for DNT, and Hard Call does not respond to DNT signals at this time, except as required by law.
12.2 Where CCPA/CPRA or other laws require recognition of browser-based opt-out signals such as Global Privacy Control ("GPC"), we will honor such signals as a request to opt out of sale or sharing of Personal Data associated with the browser or device that sends the signal, to the extent required by law.
12.3 Our handling of GPC and similar signals is described in more detail in our Privacy Policy and may be updated to align with evolving regulatory guidance and technical standards.
13. DATA RETENTION AND SECURITY OF COOKIE-DERIVED DATA
13.1 We retain data derived from Cookies and Tracking Technologies for periods consistent with the purposes described in this Policy, our Data Retention and Deletion Policy, and Applicable Law. Retention periods vary by cookie category and may be shorter for analytics Cookies and longer for security or fraud detection data.
13.2 We implement appropriate technical and organizational measures to protect cookie-derived data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, consistent with GDPR, CCPA/CPRA, ECPA, and other security frameworks, as well as security best practices referenced in PCI DSS where relevant.
13.3 When cookie-derived data is no longer needed, we will delete or anonymize it, subject to any legal obligations or Legal Holds that require longer retention, as described in the Data Retention and Deletion Policy.
14. INTERNATIONAL TRANSFERS OF COOKIE-DERIVED DATA
14.1 Because Hard Call operates primarily from the United States, information collected via Cookies and Tracking Technologies may be transferred to, stored, and processed in the U.S. and other jurisdictions that may not provide the same level of protection as your home country.
14.2 Where GDPR, UK GDPR, or similar laws apply to such transfers, we will implement appropriate safeguards, such as standard contractual clauses and supplementary measures, to protect cookie-derived Personal Data and ensure that it is treated in accordance with this Policy and Applicable Law.
14.3 By using the Services and consenting to the use of Cookies where required, you acknowledge that your cookie-derived data may be transferred internationally, subject to the safeguards described in this Policy and the Privacy Policy.
15. CONTACT INFORMATION AND EXERCISE OF RIGHTS
15.1 If you have questions or concerns about this Policy, our use of Cookies and Tracking Technologies, or your rights under Applicable Law, you may contact us at: HARD CALL LLC, TWO LOWELL AVENUE, WINCHESTER, MA 01890, Attn: Privacy, and INFO@HARDCALL.COM.
15.2 Depending on your jurisdiction, you may have rights to access, correct, delete, or restrict processing of Personal Data, including cookie-derived data, as described in the Privacy Policy. You may exercise such rights by contacting us or using any self-service tools we provide, subject to verification requirements and legal exceptions.
15.3 If GDPR or UK GDPR applies, you may also have the right to lodge a complaint with your local supervisory authority. If CCPA/CPRA or similar U.S. state laws apply, you may have additional rights described in the Privacy Policy, including the right to opt out of certain uses of Cookies and Tracking Technologies.
15.4 We will review and respond to cookie-related inquiries and rights requests in good faith and in accordance with Applicable Law, subject to legitimate limitations such as the need to protect the rights and freedoms of others.
16. CHANGES TO THIS COOKIES AND TRACKING POLICY
16.1 We may update this Policy from time to time to reflect changes in our use of Cookies and Tracking Technologies, legal requirements, or the Services. When we make material changes, we will provide appropriate notice, such as updating the "Last Updated" date, posting a notice in the Services, or presenting an updated cookie banner or preference prompt.
16.2 Unless otherwise stated, updates to this Policy will become effective when posted. Your continued use of the Services after the effective date of the updated Policy constitutes your acknowledgment of the changes, to the extent permitted by law. If you do not agree with the updated Policy, you shall stop using the Services and adjust your cookie settings accordingly.
16.3 Where GDPR, CCPA/CPRA, DSA, or other frameworks require specific disclosures or additional rights in connection with changes to cookies and tracking practices, we will implement those requirements in addition to the changes described in this Policy.
17. GOVERNING LAW, DISPUTE RESOLUTION, AND SURVIVAL
17.1 This Policy is governed by the same governing law specified in the Terms, typically the laws of the Commonwealth of Massachusetts and the United States, without regard to conflict of law rules, except where non-waivable local law requires otherwise.
17.2 Any disputes arising out of or relating to this Policy shall be resolved in accordance with the dispute resolution and arbitration provisions set forth in the Terms, including any class action waiver, to the fullest extent permitted by law.
17.3 Provisions of this Policy that by their nature should survive termination of the Services, including those relating to international transfers, liability limitations, and evidentiary records regarding consent, shall survive for as long as necessary to fulfill their purpose and comply with Applicable Law.