Terms & Conditions
EFFECTIVE DATE: February 1, 2019
By visiting the Sites, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Sites or Services, and any dispute over privacy, is subject to this Policy.
If you are a resident of the European Union, please see the section entitled EU Data Subjects below for specific information about your rights.
The Information We Collect About You
We collect information about you directly from you and from third parties, as well as automatically through your use of our Sites or Services.
Information We Collect Directly From You. You may browse certain areas of the Sites without registering with us or providing us personal information. If you contact us for information, then you must provide your name, job title, company, phone number, country, email address and the message you wish to provide. In addition, if you are providing personal information for third parties in connection with using our Services, you are responsible for ensuring that you have all required permissions and consents to provide such personal information to us for use in connection with the Services and that our use of such personal information to provide the Services does not violate any applicable law, rule, regulation or order.
Information We Collect Automatically. We may automatically collect the following information about your use of our Sites or Services through cookies and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Sites and or use our Services; and the referring URL, or the webpage that led you to our Sites. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
How We Use Your Information
We use your information, including your personal information, for the following purposes:
- To provide our Sites and Services to you, to communicate with you about your use of our Sites and Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
- To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Sites or our Services.
- For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
- To better understand how users access and use our Sites and Services, both on an aggregated and individualized basis, in order to improve our Sites and Services and respond to user desires and preferences, and for other research and analytical purposes.
How We Share Your Information
We may share your information, including personal information, as follows:
- Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries solely for the purpose of providing Services to you; however, if we do so, their use and disclosure of your personally identifiable information will be maintained by such affiliates and subsidiaries in accordance with this Policy.
- Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
- Business Transfers. If we are acquired by or merged with another company, or if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, or if we are in discussions with a potential buyer or investor, we may transfer the information we have collected from you to the other company or entity or potential buyer and investor.
In Response to Legal Process.
- We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
- To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.
- Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties and publicly for marketing, advertising, research or similar purposes.
Please note that except as noted above, we will not sell or share your personal information with any third party for their direct marketing purposes without your consent.
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies), but such disabling will impair use of the Sites and Services.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Sites and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Sites and Services. There are two types of cookies: session and persistent cookies.
Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Sites. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Sites.
Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Sites who disable cookies will not be able to browse certain areas of the Sites or use the Services.
Our Sites and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.
Security of My Personal Information
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Access To My Personal Information
You may request access, modification or deletion of personal information that you have submitted to us by contacting us at firstname.lastname@example.org. We will endeavor to accommodate those requests to the extent required by applicable law, subject to our rights or need to retain such data under applicable law or for internal business purposes. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Sites for a period of time.
We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Sites or Services from outside of the U.S., please be aware that information collected through the Services may be transferred to, processed, stored and used in the U.S. and that U.S. laws are different from and may offer less protection than the laws of your jurisdiction of residence. You are responsible for ensuring that any transfer of personal information to the U.S. complies with applicable data protection laws. Your use of the Sites or Services or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing and storage of your information, including personal information, in the U.S. as set forth in this Policy.
What Choices Do I Have Regarding Use of My Personal Information?
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.
Children Under 13
Our Sites and Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.
If you have questions about the privacy aspects of our Sites or Services or would like to make a complaint, please contact us at email@example.com
Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on the Sites.If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Sites or if you have an account with us, providing notice to the email address in your account (for this reason you should make sure to update your account information promptly if it changes).
Your California Privacy Rights
We do not share personal information with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. Under California’s “Shine the Light Law”, if you are a California resident, you may request information about our compliance with this law by contacting us at firstname.lastname@example.org or by sending a letter to 4300 El Camino Real, Suite 105, Los Altos, CA 94022. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address or mail address.
EU Data Subjects
This Section outlines certain additional information that may apply to Data Subjects of the European Union as well as certain rights such residents may have with respect to the processing of their personal information, pursuant to applicable local laws. Capitalized terms not otherwise defined in this Section shall have the meaning ascribed to them by the European Union General Data Protection Regulation 2016/679 and its amendments (“GDPR”).
The controller of personal information collected through the Sites and Services is: Hammerspace, Inc., 4300 El Camino Real, Suite 105, Los Altos, CA 94022.
We process the personal information collected for the purposes described in the section How We Use Your Personal Information in this Policy. The legal basis for our processing activities include processing personal information as necessary to comply with our contractual obligations, compliance with our legal obligations, protecting the safety of our employees, guests and others, for our legitimate business interests, and pursuant to your consent. The particular legal basis for the processing of your personal information is based on the purpose for which such information was provided or collected.
For example, we use personal information as necessary for the performance of contracts with you, or in order for us to take steps, at your request, prior to entering into a contract, such as requesting information regarding your company and its needs and requirements. For example, we are not able to provide our services and products according to contracts unless you provide us with certain necessary personal information. This collection and processing of the Personal Data is based on Art. 6 para. 1 (b) GDPR (necessary for the performance of a contract with you).
We may also process your personal information if we have received your consent, to respond to requests from you or to take actions in our legitimate interest, such as for marketing purposes or to otherwise inform you of our business operations, and to improve our products and services. Please note that if we rely on consent, you may withdraw your consent at any time, but such withdrawal will not affect the lawfulness of the processing prior to the withdrawal. This collection and processing of the Personal Data is based on your consent in accordance with Art. 6 para. 1 (a), 7 GDPR.
Data Subjects of the European Union have the following rights:
How We Share Your Information
We may share your information, including personal information, as follows:
- Access, Correction and Erasure Requests: You have the right to:
• contact us to confirm whether we are processing your personal information;
• receive information on how your personal information is processed;
• obtain a copy of your personal information;
• request that we update or correct your personal information; and
• request that we delete personal information in certain circumstances.
- Right to Object to Processing: You have the right to request that we cease processing of your personal information:
• for marketing activities, including profiling for statistical purposes where such processing is based on our legitimate business interests, unless we are able to demonstrate a compelling legitimate basis for such processing or we need to process your personal information for the establishment, exercise or defense of a legal claim.
- Right to Restrict Processing: You have the right to request that we limit the processing of your personal information:
• while we are evaluating or in the process of responding to a request by you to update or correct your personal information;
• where such processing is unlawful and you do not want your personal information to be deleted;
• where we no longer requires such data, but you want us to retain the data for the establishment, exercise or defense of a legal claim; and
• where you have submitted an objection to processing based on our legitimate business interests, pending our response to such request.
- Data Portability Requests: You have the right to request that we provide you or a third party that you designate with certain of your personal information in a commonly used, machine readable format.Please note, however, that data portability rights apply only to personal information that we have obtained directly from you and only where our processing is based on consent or the performance of a contract.