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HELLO BAR PRIVACY POLICY


HELLO BAR PRIVACY POLICY

 

1. SOME DEFINITIONS


The terms “we,” “us,” and “Company” refer to Hello Bar LLC, a limited liability
company organized and existing under the laws of the State of California, or any
successor or assignee of the Company. We are in the business of providing an
online platform that our customers may use to create and deploy “Hello Bar”
embeddable JavaScript code snippets (which, when created using the “Services,”
as defined below, are referred to as “Hello Bars”), among other products and
services we may offer from time to time. The term “Hello Bar” refers either to
the business or the online platform as the context requires. The term “Services”
refers to the services offered by Hello Bar. The term “Member” refers to an
individual or entity who or which is registered with us to use the Services. The
term “you” refers to any Member (or other party whose contact information has
been provided to us over the internet) who is reading this Privacy Policy, or on
behalf of whom this policy is being read. The term “Website” refers to the
website with the URL https://www.hellobar.com and any websites attending that
domain. The term “Personal Information” means information about an individual
who is a Member and includes any “Supplemental Personal Information,” as defined
further below, that we obtain.

 

2. CATEGORIES OF INFORMATION WE COLLECT

 1. Information You Provide to Us: When you register to use Hello Bar on a free
    or other basis, communicate with customer service, or send us an email, you
    provide us with information that we collect. Such information may include
    your IP address, name, physical address, email address, phone number, cell
    phone number, credit card information, and other information such as gender,
    occupation and other demographic information. By providing us with this
    information, you consent to your information being collected, used,
    disclosed and stored by us in accordance with this Privacy Policy and our
    Terms of Use.
 2. Other Information We Receive and Store: When you register to use Hello Bar,
    we store “cookies,” which are strings of code, on your computer or other
    device, either locally or through your browser. We also use electronic
    images known as Web beacons. With those cookies, we are aware of and collect
    information concerning when you visit our Website, when you use Hello Bar,
    your browser type and version, your operating system and platform and other
    similar information. With Web beacons, we can determine when you view a
    Hello Bar or click on a link in a Hello Bar, and collect other data. You may
    turn off all cookies that have been placed on your computer by following the
    instructions on your browser on how to block cookies that have been placed
    on your computer. However, if you block our cookies it will be more
    difficult, and maybe impossible, to use the Services.
 3. Tracking Our Emails to Our Customers: When we send emails to our own
    registered Hello Bar customers, we’ll sometimes track who opened the emails
    and who went so far as to click on any of the hyperlinks. We do this to
    measure the performance of our Email Campaigns, and to improve our offerings
    to specific customer segments.
 4. Information From Other Sources: We may obtain additional information about
    you by using your email address, or other information, to directly, or
    through one or more services, search over the internet, or elsewhere. We
    thereby obtain information that appears to be related to such email address
    or other information, such as a name, age and participation in social media
    websites, (such information being referred to herein as “Supplemental Member
    Information”).

 

3. USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION


We will use and disclose your Personal Information only as follows:

 1.  To promote use, including continued use, of our Services. For example, if
     you leave your personal information when you visit our Website and do not
     sign up for any of the Services, we may send you one or more emails asking
     whether you wish to sign up. If you use any of our Services, and may
     benefit from using one or more other Services we offer, we may send you an
     email telling you about the other Service or Services.
 2.  To bill and collect sums owed to us. Uses for this purpose include sending
     you emails, invoices, receipts and notices of delinquency, to alert you if
     we need a different credit card number, and to otherwise try to collect
     money owed. We use third parties to handle secure credit card transaction
     processing and send billing information to such third parties, who maintain
     all information in confidence, to process your orders and credit card
     payments. To learn more about what steps we take to safeguard such data,
     see below. These credit card transaction processors are third parties for
     purposes of the data protection laws of the European Union and the United
     Kingdom.
 3.  To send you System Alert Messages to let you know about temporary or
     permanent changes to our Services including planned outages, new features
     offered, version updates, point releases, major releases, abuse warnings,
     changes to our Privacy Policy and possibly other documents and agreements.
 4.  To provide customer support and obtain feedback.
 5.  To protect the rights and safety of us and our employees, Members, owners,
     officers and others
 6.  To meet legal requirements such as complying with court orders and valid
     subpoenas.
 7.  For internal use, whether in the form actually received or pseudonymously
     or anonymously, by way of example and not limitation circulating email
     addresses internally for identifying the most common web hosts used by our
     customers, or reviewing IP addresses for information about the general
     geographic areas of origin of our users.
 8.  To provide information received hereunder to representatives and advisors
     such as attorneys and accountants to help us comply with legal and other
     requirements.
 9.  To prosecute and defend a court, arbitration or similar proceeding.
 10. To support and improve the Services we offer including adding features and
     providing benchmarking and other comparison information regarding, for
     example, the relative success of a Members’ Hello Bars compared to other
     Hello Bars by companies in the same or different industries. Benchmarking
     and similar information is derived from aggregating and analyzing data.
 11. To disclose the information that we have to you in response to any valid
     request from you to know what of your information we possess, and in
     response to a valid request to exercise your “right to be forgotten” as
     detailed further below.
 12. To communicate with you concerning your account for an informational, as
     opposed to promotional, purpose.
 13. To transfer your information in the event of the sale of substantially all
     of the assets of our business to a third-party or in the event of a merger,
     consolidation or acquisition. However, in such event, any acquirer will be
     subject to our obligations under this Privacy Policy.
 14. To send you informational and promotional materials that you elect
     (“opt-in”) to receive.

 

4. THIRD-PARTY USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

 1. Any information that you provide to the Company, whether by direct
    communication to us or by entry into a text field anywhere on the Website,
    will be collected and used by the Company. Some of that information will be
    anonymized or pseudonymized.
 2. The Company will use your email address to send you certain regular emails
    pursuant to your opt-in subscriptions to our newsletter and other regular
    contacts. The Company keeps your email address regardless of your
    subscriptions for internal use. The Company does not share your email
    address with third-party providers regardless except where specifically
    disclosed in your subscriptions to any of our services, or as noted in the
    terms and service of any products or services that we provide apart from
    access to and use of the Website.
 3. The Company also collects certain data based on your access of the Website.
    This includes session data, meaning information such as when and for how
    long you access the Website. The Website will collect information about your
    location based on your IP address. An IP address is a non-static identifier
    that allows the Company to know, in general terms, where its users are
    located. An IP address is not the same as a physical address, and is not the
    same as either your shipping address or your billing address.
    
    The Company uses your IP address for internal purposes such as knowing which
    countries provide certain percentages of its users. The Company does not
    verify your IP address or connect it to your shipping or billing address for
    purposes of checkout. Your IP is not and cannot be used by the Company to
    identify you personally. The Company will also know your IP address for
    purposes of logging visits to the Website from your IP address and for
    preventing distributed denial-of-service attacks, which are disruptive
    attacks on websites caused by very large numbers (hundreds of thousands or
    more) of near-simultaneous visits to the Website.
 4. The Company collects information such as the number of users visiting the
    website at any given time, the times during which visitors visit the
    Website, the length of time that users use the website, which pages they
    visit, which products they order, and what other actions they take while on
    the website. This information is collected by the Website and is provided in
    an anonymized form to the Company’s data analytics provider, which is Google
    Analytics (the “Data Analytics Provider”). This information is used by the
    Company to track the engagement, general geographic origin, and headcount of
    its users. This information is combined together to provide general
    demographic information on the Website’s users. This information is not and
    cannot be used to identify you specifically. The Data Analytics Provider is
    segregated from internal tools that identify specific customers, for example
    our internal system for storing subscribers’ email addresses.
 5. The Company may from time to time engage certain independent contractors to
    engage with your personal information; by way of example and not limitation,
    a third-party marketing services to send emails or an independent data
    analytics analyst who may have access to anonymous or pseudonymous
    information that we collect from you. All such persons are bound by express
    duties of confidentiality to the Company. Such persons are third parties
    within the meaning of the applicable privacy laws of the European Union and
    the United Kingdom.

 

5. RIGHT TO BE FORGOTTEN

 1. Users subject to the data privacy laws of the European Union and/or the
    United Kingdom may at any time issue a request to us that we remove, cease
    using, and/or permanently delete any information that you have submitted to
    us. Such valid requests will be honored promptly according to the applicable
    rules and regulations of the European Union and the United Kingdom. Any
    request to destroy some or all of the information you submit to us must be
    made in writing, to the designated contact information provided elsewhere on
    the Webpage. Information so destroyed or removed cannot be recovered; once
    destroyed, such information must be resubmitted by the user before we are
    able to verify, confirm, or disclose any such information in the future.

 

6. SAFEGUARDING YOUR INFORMATION

To protect your information, our credit card processing vendor uses the latest
128-bit Secure Socket Layer (SSL) technology for secure transactions. In
addition, our vendor is certified as compliant with card association security
initiatives, such as the Visa Cardholder Information Security and Compliance
(CISP), MasterCard® (SDP), and Discovery Information Security and Compliance
(DISC).Hello Bar accounts require a username and password to log in. When you’re
finished using Hello Bar, please click the “log out” link in the top right
corner of your screen, to prevent someone from using your computer to access
your account. You must keep your username and password secure and not disclose
it to a third party.Due to the sensitive nature of your account information, we
do not re-send forgotten passwords. Users must follow online instructions to
reset their passwords if they forget them.Account passwords are encrypted. We
cannot see your passwords. We can only reset them.

The Company does not collect payment information from you except to the extent
that the Company forwards your payment request directly to our merchant services
provider, which is Cybersource (www.cybersource.com) (the “Merchant Services
Provider”), with neither the ability nor the intent to intercept or collect any
such payment data. The Merchant Services Provider only receives information
necessary to verify that any payments between yourself and the Company are
authorized. The Merchant Services Provider will use encrypted tools to
communicate with your designated payee institution, or whatever other account
you use to pay for orders to the Company. Your credit card information or other
payment information is not retained by the Company except as provided below. The
Company does not maintain records of your credit card number or other payment
information  

The Merchant Services Provider is the merchant of record within the meaning of
the data privacy laws of the European Union and the United Kingdom.

This information is “pseudonymous” within the meaning of the data privacy laws
of the European Union and the United Kingdom.

7. NOTICE OF BREACH OF SECURITY

Nobody is safe from hackers these days. Hello Bar will notify you, within
forty-eight hours of such a breach occurring, if a breach in security results in
an unauthorized intrusion into our system which materially affects you and will
subsequently report the corrective action taken in response to the intrusion.

8. NOTIFICATION OF CHANGES


The Company may revise, rescind, or extend the terms of this Privacy Policy at
any time without notice, except to the extent required otherwise under the
California Online Privacy Protection Act or the data privacy laws of the
European Union and the United Kingdom. Your continued use of the Website
constitutes acceptance of any such changes. If you object to changes in our
Privacy Policy which relate to those purposes, we will have to terminate your
account. In contrast, in the event we ever changed our Privacy Policy to allow
us to have an expanded right to use or disclose Personal Information for
marketing purposes, you would be able to opt out without any such termination.

9. ACCURACY OF DATA AND RIGHTS


We do our best to keep your data accurate and up-to-date to the extent that you
provide us with the information we require to do that. If your data changes
(including, but not limited to, a change in your email address) then you are
responsible for notifying us of those changes so that we can keep your records
up-to-date.We retain the data about you only so long as reasonably required to
meet the purposes for which we have the right to use the information. In this
regard, we keep some data, relating to when and where Hello Bars were deployed,
how many times a Hello Bar was viewed and clicked.We will give you access to any
of your Personal Information that we hold about you within 30 days of any
request you make for such information. We may charge for providing this
information to you, as permitted by applicable law.

10. EFFECTIVE DATE


This Privacy Policy is effective with respect to all data that we have
collected, or collect, about and/or from you, both prior to your registration as
a Member and/or during the Term, in accordance with the Terms of Use.

11. NO CHILDREN UNDER AGE 13


The Offerings are not intended for use by anyone under the age of 13, nor does
Intercom knowingly collect or solicit personal information from anyone under the
age of 13. If you are under 13, you may not attempt to register for the
Offerings or send any information about yourself to us, including your name,
address, telephone number, or email address. In the event that we confirm that
we have collected personal information from someone under the age of 13 without
verification of parental consent, we will delete that information promptly. If
you are a parent or legal guardian of a child under 13 and believe that we might
have any information from or about such child, please contact us at the email or
mailing address provided at the end of this Privacy Policy.

12. BENEFICIARIES.

Our independent contractors who handle data collection, analysis, marketing
including copy-writing, and other contractors who interact with the Website or
any data collected are intended third-party beneficiaries of your obligations
under this Privacy Policy.

13. CHANGES TO THE PRIVACY POLICY


We reserve the right to change our Privacy Policy at any time. If we make
changes, we will post them and will indicate on this page the policy’s new
effective date. If we make material changes to this policy, we will notify you
by email or through notice on the Offerings.

14. QUESTIONS


If you have any questions, comments, or concerns or wish to update, delete or
change any Personal Information submitted on this Site, or have any questions
about our Privacy Policy, please notify us via email at: support@hellobar.com.
This shall also serve as the designated contact information for any valid
exercising of the “right to be forgotten.”

 

EFFECTIVE DATE OF THIS PRIVACY POLICY

This document was last updated October 23, 2018.

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