Legal / Policies
Date: 11 January 2021
Version number: 6
We will NEVER sell Your Personal Data to Third Parties.
We have also included a section on the processing of Personal Data sent to Hotjar from visitors to a Hotjar Enabled Site.
Information about Hotjar
Hotjar is a company headquartered in the European Union (EU) that provides software as a service (SaaS) which makes it easy for Our Customers to go beyond traditional web analytics and understand what users are really doing on their Hotjar Enabled Site.
Personal Data Collected by Hotjar
The Personal Data We collect depends on whether the individual is:
A visitor to the Hotjar Site; or
A Customer or user (the “
”) of the Software.
Personal Data collected from a visitor of the Hotjar Site
When someone visits the Hotjar Site, We may store the name of their internet service provider, the website they visited Us from, the parts of Our Site they visit, the date and duration of the visit, and information from the device (e.g. device type, operating system, screen resolution, language, country You are located in, and web browser type) used during their visit. We process this usage Data to facilitate access to Our Site (e.g. to adjust Our Site to the devices that are used).
We temporarily store IP addresses of visitors to Our Site for associated performance metrics (i.e. data related to how well Our Software performs on Our Site) and to monitor and track application errors. We will never access these IP addresses without any operational or security need. We automatically delete these IP addresses within thirty (30) calendar days.The legal basis for this data processing is Article 6(1)(f) GDPR.
We also process usage Data in an aggregated or de-identified form for statistical purposes and to improve Our Site.
operate Our Site,
provide visitors to Our Site with a better experience by providing Us with insights on how visitors use Our Site, and
for marketing purposes.
For more info about the cookies We make use of, please visit Our Cookie Information page.
Contact with Us via email
Visitors to Our Site have the opportunity to contact Us to ask Us questions, for example via the contact form, where We ask for contact information (e.g. name, email address etc.). We use this data solely in connection with answering the queries We receive.
If a visitor to Our Site receives emails from Us, We may use certain analytics tools, to capture data such as when the email is opened or when any links or banners in the email have been clicked. This data helps Us to gauge the effectiveness of Our communications and marketing campaigns.
The legal basis for this processing is Article 6(1)(f) GDPR.
Personal Data collected from Hotjar’s Customers and Users
This section applies to Personal Data Hotjar collects from its Customers and Users of Our Software when making use of Hotjar’s Services.
When someone signs up for an account with Hotjar, contacts Our customer support for assistance, or subscribes to Our content or special offers, We may ask for additional Personal Data such as their name, email address and additional details about them or the organization they represent.
We temporarily store IP addresses of Our Customers and Users of Our Software for associated performance metrics (i.e. data related to how well Our Software performs) and to monitor and track application errors. We will never access these IP addresses without any operational or security need. We automatically delete these IP addresses within thirty (30) calendar days.The legal basis for this data processing is Article 6(1)(f) GDPR.
A Customer may delete their Hotjar account at any time. After account deletion, We may retain Personal Data (in part or in whole) associated with the Customer in order to meet any regulatory and reporting requirements for the timeframes stipulated by law and in order to be able to address customer service issues. Any other Personal Data We were processing relating to Our Customer and/or Users of that Hotjar account will be deleted permanently within thirty (30) calendar days.
We may use Personal Data and other Data about Our Customers and/or Users (including demographic information, location information, information about the computer or device from which they access Our Software) to create de-identified and aggregated information and analytics. The legal basis for this data processing is Article 6(1)(f) GDPR.
The information We collect from Our Customers and/or Users is disclosed only in accordance with the Agreement and the Applicable Law.
Hotjar’s use of Personal Data
Access and Disclosure to Third Parties
We use a select number of trusted external service providers for certain technical data analysis, processing and/or storage offerings (e.g., IT and related services). These Third Party service providers are carefully selected and meet high data protection and security standards. We only share Data with them that is required for the services offered and We contractually bind them to keep any information We share with them as confidential and to process Personal Data only according to Our instructions. The legal basis for such processing would be Article 6(1)(f) GDPR.
In addition to services providers, other categories of Third Parties may include:
To the extent that this is necessary in order to make use of certain services requiring special expertise (such as legal, accounting or auditing services) We may share Personal Data with vendors of such services or public institutions that offer them (e.g. courts). The legal basis of this data processing is Article 6(1)(f) GDPR.
Disclosure in the Event of Merger, Sale, or Other Asset Transfers.
If We are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then Data may be sold or transferred as part of such a transaction, as permitted by law and/or contract. The legal basis for such processing would be Article 6(1)(f) GDPR.
Other than the cases mentioned above, We will only transfer Personal Data to Third Parties without express consent in accordance with Article 6(1)(a) GDPR or if We are obliged to do so by statutory law or by instruction from a public authority or court as outlined in Our Terms of Service.
We may occasionally send notification emails about updates to Our product, legal documents, customer support or for marketing purposes. To the extent required by Applicable Law, We will only send such messages if We have obtained consent in accordance with Article 6(1)(a) GDPR. In all other cases, the legal basis of this data processing is Article 6(1)(f) GDPR.
Except for cases where We are required to do so by law (e.g. notification of a data breach), recipients of Our communication shall have the opportunity to unsubscribe from receiving these messages free of charge. We process requests to be placed on do-not-contact lists as required by Applicable Law.
We occasionally use Personal Data given to Us by Hotjar’s Customers, Users and/or visitors to Our Site to target advertisements to potential new Customers that appear to have shared interests or similar demographics. The legal basis of this data processing is Article 6(1)(f) GDPR.
We do this by sharing Personal Data with Third Party marketing platforms that have high privacy and confidentiality standards and which have gone through a legal and security review by Hotjar. This ensures that these Third Parties cannot do anything with the Personal Data We provide them other than use it for the express purpose of providing Us with the marketing services We contract them for.
This Personal Data is only shared with these Third Parties through secure and encrypted means. If You wish to opt out of this processing activity, please contact Us at firstname.lastname@example.org with the subject line “Opt-Out of Marketing”.
Compliance and Protection
We may use Personal Data to (legal basis for the respective processing in parentheses):
protect Our, Our Customers’/Users’, visitors’ to Our Site or Third Parties’ rights, privacy, safety or property including by making and defending legal claims (Article 6(1)(b), (c) or (f) GDPR);
audit Our internal processes for compliance with legal and contractual requirements and internal policies (Article 6(1)(f) GDPR);
(Article 6(1)(b) or (f) GDPR);
protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft (Article 6(1)(f) GDPR); and
comply with the Applicable Law, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities (Article 6(1)(c) or (f) GDPR).
Hotjar reserves the right to use and retain Data in a de-identified and/or aggregated form to improve Our Site and/or Software and for statistical and benchmarking purposes, including enabling comparisons within the same industry to enhance the insights collected through Our Site and Software. Benchmarks look at all collected metrics and compare them to others of the same nature. These de-identified and/or aggregated benchmarks may be published and shared publicly within Our Software or in the form of other content We publish which may show a summary of results for a certain category or question type.
No Data which can individually identify Our Customers or their end-users will ever be shown in this statistical or benchmark data.
The legal basis for aggregating/anonymizing this Personal Data is Article 6(1)(f) GDPR.
Other Purposes with Your Consent
In some cases, We may ask You for consent to collect, use or share Personal Data for other purposes. For example, We may ask You for consent to send marketing emails where required by law or to post testimonials or endorsements. In such cases, there will always be the ability to deny or revoke consent if desired. The legal basis for the data processing is under Article 6(1)(a) GDPR.
Duration of Processing
International Transfers of Personal Data
In most cases, Personal Data We collect is stored in the EU. However, in some limited cases, customer information may be accessed from, or other Personal Data (e.g., email) may be transferred, outside of the EU. These countries may have different data protection laws. Hotjar endeavours to ensure appropriate safeguards are in place requiring that Personal Data will remain protected. Hotjar has concluded Standard Contractual Clauses with entities who We share Personal Data with outside of the EU. Further details about this can be found in Our article on Data Storage.
Hotjar’s Software is not directed to children under 13 (or other age as required by local law), and We do not knowingly collect Personal Data from children. If you learn that your child has provided Us with Personal Data without your consent, you may contact Us through Our Contact Details below. If We learn that We have collected a child’s Personal Data in violation of Applicable Law, We will promptly take steps to investigate this, delete such information and terminate the child’s account. We will also make sure to have preventive measures in place for this not to happen again in the future.
Rights over Personal Data
If You're a visitor to Our Site or a Customer and/or User of Our Software and We have collected Personal Data about You, You have a right to access and to be informed about what Personal Data is processed by Hotjar, a right to rectification/correction, erasure/anonymization and restriction of processing (subject to certain exceptions and other requirements prescribed by law). You also have the right to receive from Hotjar a structured, common and machine-readable format of Personal Data You provided Us.
When You have provided consent, You may withdraw it at any time, without affecting the lawfulness of the processing that was carried out prior to withdrawing it. Whenever You withdraw consent, You acknowledge and accept that this may have a negative influence on the quality of Our Site and/or Software. Please be aware that when You withdraw consent, We may delete the Personal Data previously processed on the basis of Your consent and will not be allowed to keep it further which will mean that it cannot be accessed, downloaded or otherwise secured by You.
In addition, You have the right to lodge a complaint with Your respective data protection authority.
To protect Your privacy, We take steps to verify Your identity before fulfilling Your request. We can only identify You via Your email address and We can only adhere to Your request and provide information if We have Personal Data about You through You having made contact with Us directly and/or You are using Our Site and/or Software.
If You are located in California…
This section only applies to Our processing of Personal Data as a “business” under the California Consumer Privacy Act (CCPA).
The CCPA provides California residents with the right to know what Categories of Personal Data Hotjar has collected about them and whether Hotjar disclosed that Personal Data for a business purpose (e.g. to a service provider) in the preceding 12 months.
If You are a California resident and would like to exercise any of Your rights under the CCPA, please contact Us at email@example.com. We will process Your request in accordance with the Applicable Laws.
Sales of Personal Information Under the CCPA. For purposes of the CCPA, Hotjar does not “sell” Personal Data, nor do We have actual knowledge of any “sale” of Personal Data of minors under 16 years of age.
Non-Discrimination. California residents will have the right to exercise the rights conferred to them by the CCPA.
Authorized Agent. Only You, or someone legally authorized to act on Your behalf, may make a verifiable consumer request under the CCPA. If applicable, You may also make a verifiable consumer request on behalf of Your minor child. To designate an authorized agent, please contact Us at firstname.lastname@example.org.
Verification. To protect Your privacy, We will take steps to verify Your identity before fulfilling any consumer request under the CCPA. When You make a request, We will ask You to provide sufficient information that allows Us to reasonably verify You are the person We collected Personal Data about or an authorized representative, which may include Your email address.
If You are located in Brazil…
This section only applies to Our processing of Personal Data under the Brazilian Lei Geral de Proteção de Dados (LGPD).
In addition to the rights described above, You also have the right to:
access Your Personal Data processed by Hotjar;
unless restricted by law, request information about the public and private entities with which We have shared Your Personal Data;
oppose to the processing carried out; and/or
receive information about the possibility of not providing Your consent and the consequences of such denial.
If You are a Brazilian resident or were in Brazil when Your Personal Data was collected and would like to exercise any of Your rights under the LGPD, please contact Us at email@example.com. We will process Your request in accordance with the Applicable Laws.
Personal Data collected from a visitor of a Hotjar Enabled Site
This section applies to Personal Data sent to Hotjar from Our Customers about visitors to their site using Our Software (i.e. a Hotjar Enabled Site).
If you are a visitor to a Hotjar Enabled Site, Hotjar may temporarily process your IP address so that We can ensure Our service is running smoothly and improve the quality of Our Software. Any IP addresses We process are used exclusively for associated performance metrics (i.e. data related to how well Our Software performs on the Hotjar Enable Site) and to monitor and track application errors. For this purpose, We may temporarily store your IP address with Hotjar’s Sub-Processors which are subject to strict obligations of confidentiality and will process it only according to Our instructions. We will never access these IP addresses without any operational or security need. We automatically delete any IP addresses We process or store within thirty (30) calendar days. The legal basis for this data processing is Article 6(1)(f) GDPR.
Some Hotjar Customers may have the ability to integrate Data they have collected through Our Software with other end-user data they have in their possession (e.g. their customer information).
Depending on the web browser you use, it might be possible for you to disallow Hotjar from collecting Data when visiting a Hotjar Enabled Site. To discover if your web browser offers this functionality visit Our Do Not Track page.
Please note that We cannot respond to any requests from end-users of Hotjar Enabled Sites related to their Personal Data, including requests to provide, rectify or delete any end-user Personal Data. Any requests from end users of Hotjar Enabled Sites related to Customer Personal Data should be sent to the relevant Hotjar Customer.
Hotjar Ltd Dragonara Business Centre 5th Floor, Dragonara Road, Paceville St Julian's STJ 3141 Malta, Europe +1 (855) 464-6788 firstname.lastname@example.org