Privacy Policy

1. About this policy

This Privacy Policy explains how HyperCity West Memphis LLC ("HyperCity," "we," "us" or "our") collects, uses, shares and protects personal information. It applies to:

• our website at hypercity.org (including www.hypercity.org) and its contact and update forms (the "Site");
• text messages (SMS) and phone calls that we send or receive, including those handled by our AI assistant, Sloane, on behalf of John Watson, Managing Partner (the "Messaging Program"); and
• email and other direct correspondence with us.

Together we call these the "Services." This policy does not cover third-party websites or services that we link to, which have their own privacy practices.

By using the Services, you acknowledge the practices described here. If you do not agree, please do not use the Services.

2. Information we collect

2.1 Information you give us

Website forms. Our Site has a capacity inquiry form, a community and media form, a community input form and an email-update sign-up form. Depending on the form, we ask for:

• your name and email address, and, on our general contact form only, an optional mobile phone number and, if you choose, your SMS consent (we record that you consented and when);
• company, job title, organization or neighborhood, and ZIP code;
• project details you choose to share, such as project category, estimated power demand, target service year, project stage, infrastructure needs and your role; and
• the topic and content of your message.

Texts and calls. When you text or call us, or we text or call you, we receive your phone number, the content of your messages, the date and time of each message or call, and any information you choose to share, such as your name, organization, availability or the subject of your inquiry. Calls with us, including calls handled by our AI assistant, are recorded and transcribed for quality, training, accuracy and similar purposes, and so we can follow up on your request (see Section 6).

Email and other correspondence. When you email us at jwatson@hypercity.org or contact@hypercity.org, we receive your email address, the content of your message and anything you attach.

2.2 Information collected automatically

Spam and abuse protection. To keep our forms free of automated abuse, the Site uses Cloudflare Turnstile, a verification service from Cloudflare, Inc. Turnstile evaluates signals from your browser and device, and our server sends Cloudflare your IP address so it can verify the result. Cloudflare handles this information under its own privacy policy. We also use a hidden form field and a timing check to detect bots.

IP address. When you submit a form, we use your IP address to limit how many submissions can come from one network in a short period. The address used for rate limiting is held only temporarily (roughly ten minutes, then removed on a rolling basis). With each submission record we keep a hashed (pseudonymized) value derived from your IP address, not the address itself, as a security record to help us identify abuse (see Section 7).

Hosting logs. The Site is hosted on Cloudflare Pages. Like most hosting providers, Cloudflare may process standard technical information such as IP address, browser type, requested pages and timestamps in order to deliver and secure the Site, and may set strictly necessary security cookies.

No advertising or analytics trackers. The Site does not currently use advertising cookies, third-party analytics or cross-site tracking. If that changes, we will update this policy.

2.3 Information from others

We may receive your contact information from a colleague, business partner or other person who introduces you to us or asks us to contact you, or from publicly available business sources. We use it only for the business purpose for which it was shared.

3. How we use information

We use personal information to:

• respond to your inquiries, questions and requests;
• evaluate and route capacity inquiries and other business inquiries (our systems may score and prioritize capacity inquiries based on the information submitted so the right person follows up);
• schedule and coordinate meetings, calls and other HyperCity business through text, phone and email;
• send program updates and public notices you have asked to receive;
• protect the Site and Services against spam, fraud, abuse and security incidents;
• keep records of our communications and of your messaging preferences, including opt-outs;
• comply with legal obligations and enforce our terms; and
• improve how we operate the Services.

We do not sell your personal information, and we do not use it for targeted advertising.

4. Text messaging (SMS) program

Program description. HyperCity sends conversational text messages and scheduling and coordination messages related to HyperCity business, for example replies to your questions, meeting requests, confirmations, reminders and follow-ups. These messages may be written and sent by Sloane, an AI assistant acting on behalf of John Watson, Managing Partner. We do not send marketing or promotional text messages through this program. You are communicating with an AI assistant when it texts you, and you can ask for a person at any time.

How you opt in. You give your express consent to receive text messages from HyperCity West Memphis when you (a) check the SMS consent box on our contact form after entering your mobile number; (b) text our number first, in which case we reply to your message; or (c) reply YES or START to a text from us after we have contacted you by prior arrangement (for example, after you gave us your mobile number and agreed to be contacted by text). Consent is not a condition of any purchase. We text you only about the matter you contacted us about or agreed to be contacted about.

Message frequency. Message frequency varies depending on the conversation and your requests.

Costs. Message and data rates may apply, according to your mobile plan.

Opting out. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any message to cancel and stop receiving texts from us. We will send one message confirming that you have opted out, and we will not send further texts unless you opt in again by replying START or YES, or by texting us first.

Help. Reply HELP for help, or contact us at (561) 898-0077 or jwatson@hypercity.org.

Carriers. Mobile carriers and their affiliates are not liable for delayed or undelivered messages.

No sharing of mobile information. No mobile information or SMS opt-in data or consent will be shared with third parties or affiliates for marketing or promotional purposes. We share it only with the service providers that deliver our messages, solely for that purpose. These exclusions apply to every category of sharing described in Section 5.

More detail is in the Text Messaging section of our Terms of Use.

5. How we share information

We share personal information only as described below.

• Service providers. We use vendors who process information on our behalf to run the Services, such as website hosting and security (Cloudflare), transactional email delivery for form notifications (Resend), email and productivity tools, and telephone, text messaging and AI voice and language services that power our AI assistant. These providers may use the information only to perform services for us.
• People you are dealing with. When you ask us to schedule or coordinate with someone, such as a colleague or meeting participant, we may share the details needed to do that.
• Professional advisers. We may share information with our lawyers, accountants and other advisers under duties of confidentiality.
• Legal and safety. We may disclose information if we believe in good faith that it is required by law, subpoena or legal process, or needed to protect the rights, property or safety of HyperCity, our users or others.
• Business transfers. If HyperCity is involved in a merger, financing, acquisition, reorganization or sale of assets, personal information may be transferred as part of that transaction, subject to this policy.
• With your consent. We may share information for other purposes with your consent.

None of the categories above permits sharing mobile information or SMS opt-in data or consent with third parties or affiliates for marketing or promotional purposes (see Section 4).

6. Use of AI assistants

We may use AI assistants, including Sloane, to answer and place calls, send and reply to text messages, take messages, and help schedule and coordinate HyperCity business on behalf of John Watson. When you interact with Sloane, you are communicating with automated software, not a person, although a member of our team may review the conversation and step in. Information you share with the assistant, including message content, call recordings and transcripts, is processed by our AI and telephony service providers to generate responses and summaries for us. The assistant does not make binding commitments on HyperCity's behalf; any commitment requires confirmation from an authorized person. Call recording. Calls with us are recorded and transcribed for quality, training, accuracy and similar purposes. Laws in some places require the consent of everyone on a call before it is recorded. We inform callers at the start of the call that it is being recorded. By staying on the call after that notice, you consent to the recording. If you tell us you do not consent to recording, we will stop recording or end the call and offer another way to reach us. If you would rather speak with a person, say so or reply asking for a human, and we will arrange it.

7. Retention

We keep personal information for as long as reasonably needed to process your request or inquiry and to carry out the purposes described in this policy. We review the information we hold periodically and purge it, or anonymize it, when it is no longer needed. This applies to form submissions (including those our systems flag as spam), text messages, call recordings and transcripts, and email correspondence. We do not promise deletion within a fixed period.

• Security records. With each form submission we keep a hashed (pseudonymized) value derived from your IP address. We retain it with the submission record as a security record, to help identify abuse, until that record is purged.
• Short-lived technical records. Rate-limiting records containing IP-derived data are held for about ten minutes, and duplicate-detection values for about 24 hours.
• Opt-out records. We keep a record of your opt-out (your number and the date you opted out) for as long as needed to honor your request.
• Legal reasons. We may keep information longer where the law requires or allows it.

8. Your choices and rights

• Texts: reply STOP (or END, CANCEL, UNSUBSCRIBE or QUIT) at any time to opt out, or HELP for help.
• Email updates: to stop receiving program updates, email us at jwatson@hypercity.org and ask to be removed.
• Access, correction and deletion: you may ask us to tell you what personal information we hold about you, correct it or delete it by emailing jwatson@hypercity.org. We will respond within 45 days, or as otherwise required by applicable law. We may need to verify your identity, and we may keep some information where the law requires or allows it (for example, a record of your opt-out).

Depending on where you live, you may have additional rights under local privacy laws. Contact us to exercise them. We will not discriminate against you for exercising any privacy right.

9. Security

We use reasonable administrative, technical and physical safeguards designed to protect personal information, including encrypted (HTTPS) connections, access-restricted storage and automated abuse protection. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. Please do not send highly sensitive information (such as financial account numbers or government ID numbers) by text or through our forms.

10. Children

The Services are intended for adults and are not directed to anyone under 18. We do not knowingly collect personal information from anyone under 18. If you believe someone under 18 has provided us information, contact us and we will delete it.

11. Location of processing

HyperCity is based in the United States, and we and our service providers process information in the United States and possibly other countries. If you contact us from outside the United States, your information will be transferred to and processed in the United States.

12. Changes to this policy

We may update this policy from time to time. When we do, we will post the revised version on this page and update the "Last updated" date. If we make material changes to how we use or share personal information, we will provide additional notice as required by law.

13. Contact us

HyperCity West Memphis LLC
Attn: John Watson, Managing Partner
Email: jwatson@hypercity.org (or contact@hypercity.org)
Phone: (561) 898-0077
Website: hypercity.org