Hello Bar Privacy Policy

  1. Some Definitions
    The terms “we,” “us,” and “Company” refer to digital-telepathy, a corporation 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”). 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 http://www.hellobar.com. The term “Personal Information” means information about an individual who is a Member and includes any “Supplemental Personal Information,” as defined in II.D., 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.
    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. 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 “IV” below.
    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. To provide information received hereunder to representatives and advisors such as attorneys and accountants to help us comply with legal and other requirements.
    8. To prosecute and defend a court, arbitration or similar proceeding.
    9. 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.
    10. To communicate with you concerning your account for an informational, as opposed to promotional, purpose.
    11. 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.
    12. To send you informational and promotional materials that you elect (“opt-in”) to receive.
  4. 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.
  5. Notice of Breach of Security
    Nobody is safe from hackers these days. Hello Bar will notify you, as soon as possible, 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.
  6. Notification of Changes
    Any changes to this Privacy Policy will be posted to this Website and emailed to the last email address you have given to us, and will become effective as of the later of the date we post on the Website or, send the email. You may object to any changes within 20 days after they are posted on our Website or delivered to you, in which case none of the proposed changes will be effective with respect to information that we have already collected from you; but will apply only to information we collect or access from you in the future. There are purposes, other than marketing, for which we are not willing or able to treat information of any open account differently from that of any other open account. Therefore, 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.
  7. 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.
  8. 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.
  9. 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 through postal mail at:digital-telepathy.
    Privacy Department
    2970 5th Avenue, Suite 340
    San Diego, California 92103
    Updated 08/23/2011

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