Last updated: October 23, 2012.
Information Collection and Use
Heystack uses information we collect to analyze how the Service is used, diagnose service or technical problems, maintain security, personalize content, remember information to help you efficiently access your account, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track User Content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws.
You provide us information about yourself, such as your name and email address, if you register for a member account with the Service. Your name and other information you choose to add to your profile will be available for public viewing on the Service. We may use your email address to send you Service-related notices (including any notices required by law, in lieu of communication by postal mail). You can control receipt of certain Service-related messages on your Settings page. We may also use your contact information to send you Heystack marketing email messages. If you do not want to receive such messages, you may opt out by following the instructions in the message. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
We at Heystack hate spam too. Heystack does not use your email address or other personally identifiable information to send commercial or marketing messages without your consent.
If you use your Facebook, Twitter, or other social networking site (“SNS”) account information to sign in to Heystack, we will collect and store your SNS user ID.
You also provide us information in User Content you post to the Service. Your answers to Heystack questions are never shared publicly or with other users, and are only used to provide aggregate data for comparisons.
If you choose to use our invitation service to invite a friend to the Service, we will ask you for that person’s email address and automatically send an email invitation. You may also use our contact importer tool to help you upload your friends’ email addresses so you can find friends who are already on Heystack or invite friends to the Service. Heystack stores this information to send invitations, to register your friend if your invitation is accepted, to track the success of our invitation service, and to identify your friends on Heystack.
Information Collected Automatically
When you use the Service, we use persistent and session cookies and other tracking technologies to: (a) store your username and password; (b) analyze the usage of the Service; (c) customize the Service to your preferences; and (d) control the advertising displayed by the Service. A persistent cookie remains on your computer after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
We may also use other Internet technologies, log files, clear GIFs, Flash technologies, and other similar technologies, to deliver or communicate with cookies and track your use of the Service. We also may include clear GIFs in HTML-based emails sent to our users to determine whether the message has been opened. As we adopt additional technology, we may also gather additional information through other methods.
We use these automated technologies to collect and analyze certain types of information we consider to be non-personal information, including: (a) information related to the devices you use to access or interact with the Service, such as: IP addresses, geolocation information, unique device identifiers and other information about your mobile phone or other mobile device(s), browser types, browser language; and (b) information related to the ways in which you interact with the Service, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Service, and other similar information. We may also capture other data, such as search criteria and results.
Heystack discloses a subset of this automatically collected information publicly. Specifically, you consent to Heystack’s disclosure of information related to the ways in which you interact with the Service, such as: landing pages, pages viewed and the order of those pages, the date and time you used the Service, and other similar information on the Service to other Heystack users, along with your name and profile picture. If you do not wish to have this information disclosed to the public, you may opt out of this feature by visiting settings. Your answers to specific Heystack questions will not be shared publicly or with any other user.
We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Service), and may use that information to customize the Service with location-based information and features. If you access the Service through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this.
How We Share Your Information
Personally Identifiable Information
As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
We may share or disclose your information with your consent, such as if you choose to sign on to the Service through a third-party service. We cannot control third parties’ use of your information.
Heystack may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Heystack’s rights or property.
Non-Personally Identifiable Information
How We Protect Your Information
Heystack uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Heystack or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through the Service, in which case Heystack may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account.
Protecting the privacy of young children is especially important. Heystack does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Service. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information.
Links to Other Web Sites
Your California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personally identifiable information (if any) for their direct marketing purposes in the prior calendar year, as well as the types of personally identifiable information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to firstname.lastname@example.org.
Heystack Terms of Service
Effective: October 23, 2012
These Terms of Service (“Terms”) govern your access to and use of the services, websites, and applications offered by Heystack (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
Use of the Service
You may use the Service only if you can form a binding contract with Heystack, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on Heystack.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. Heystack will not be liable for any loss or damage arising from your failure to comply with this instruction.
Personal Use Only
The Service is made available for your personal, non-commercial use only. You may not use the Service to sell a product or service, or to increase traffic to your website for commercial reasons.
“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
Your License to Heystack
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant Heystack the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Heystack reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
Heystack’s Licenses to You
Subject to these Terms, Heystack gives you a worldwide, royalty-free, non-assignable and non-exclusive license to re-post any of the Content on Heystack anywhere on the rest of the web provided that the user who created the Content has not explicitly marked the Content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute Heystack by name in readable text and with a human and machine-followable link (an HTML anchor tag) linking back to the page displaying the original source of the Content on heystack.com on every page that contains Heystack content; (c) upon request, either by Heystack or a user, remove the user’s name from Content which the user has subsequently made anonymous; (d) upon request, either by Heystack or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on heystack.com; and (e) upon request, either by Heystack or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on heystack.com.
You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Heystack, or any Heystack user of you or your use of the work, without the separate, express prior written permission of Heystack or the Heystack user.
If you operate a search engine or robot, or you republish a significant fraction of all Heystack Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
- You must use a descriptive user agent header.
- You must follow robots.txt at all times.
- You must make it clear how to contact you, either in your user agent string, or on your website if you have one.
Subject to these Terms, Heystack gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by Heystack.
Your Content will only be viewable by other users of the Service and websites in aggregate with other user Content. No individual responses to questions will be shared with other users.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Heystack be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, inaccuracies of any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished in aggregate and if you do not have the right to submit Content for such use, it may subject you to liability. Heystack will not be responsible or liable for any use of your Content by Heystack in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Heystack, its users and the public.
You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the “Your License to Heystack” section of these terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, Heystack’s computer systems, or the technical delivery systems of Heystack’s providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Heystack (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Heystack (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of Heystack except as permitted by these Terms is expressly prohibited); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
We may make available one or more APIs for interacting with the Service. Your use of any Heystack API is subject to these terms and the Heystack API Rules, which will be posted before we make these APIs available (as part of these Terms).
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Heystack and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the Heystack name or any of the Heystack trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Heystack on the Service are subject to change. In consideration for Heystack granting you access to and use of the Service, you agree that Heystack and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
Heystack respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
Attn: Copyright Agent
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Heystack will also terminate a user’s account if the user is determined to be a repeat infringer.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Heystack of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, HEYSTACK AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Heystack will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Heystack has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Heystack or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEYSTACK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HEYSTACK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
These Terms and any action related thereto will be governed by the laws of the State of Virginia without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Alexandria City, Virginia, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
These Terms are the entire and exclusive agreement between Heystack and you regarding the Service (excluding any services for which you have a separate agreement with Heystack that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Heystack and you regarding the Service.
The failure of Heystack to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
The Service is operated and provided by Heystack, Inc. If you have questions about these Terms, please contact us at email@example.com.