WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO. WE DO NOT GIVE ACCESS TO YOUR PERSONAL INFORMATION TO THIRD PARTIES EXCEPT TO SUBPROCESSORS TO ASSIST US IN THE PROVISION OF OUR SERVICES TO YOU.
Hopstack, Inc. has developed a state of the art software and services that enables and makes efficient the logistical handling, shipping, and receiving of products and inventory (“Services”). Hopstack’s comprehensive Warehouse Management System (“WMS”) is a software designed to automate and optimize the fulfillment processes for businesses operating warehouses and fulfillment centers. It allows for the digitization of inventory management, streamlining of order processing, and integration with various logistics and shipping providers. This software helps businesses increase efficiency and accuracy, reducing human errors and labor costs. With advanced analytics and reporting capabilities, it also provides valuable insights into fulfillment operations and performance.
2. TERRITORIAL RESTRICTION
3. WHAT INFORMATION DO WE COLLECT?
When you register to use our Website, App, or Platform, we collect personal information (also referred to as personally identifiable information or “PII”) which may include your name, address, online contact information such as your email address or username, phone number, professional and employment related information, and other personal information. The information so collected will be stored on our servers. You are able to change your personal information via email by contacting us at email@example.com or through your profile or account settings on our Website, App, or Platform.
a. Geolocation and Equipment Information. We may collect information that does not personally identify you such as (i) your geolocation, and (ii) information about your internet connection, the equipment you use to access our Website, App, or Platform, and usage details.
d. Information collected from other sources. In order to enhance our ability to provide relevant marketing, offers and Services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, social media providers well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, behavior data, Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion. If you interact with us on a social media platform using your social media account (e.g. Facebook), we receive personal information about you such as your name, email address, and gender. Any personal information that we collect from social media account depends on your social media account's privacy settings.
4. HOW DO WE COLLECT INFORMATION?
We collect personal information from you in the following ways:
At registration on our Website, App, or Platform;
In email, text, and other electronic messages between you and our Website, App, or Platform;
Through mobile and desktop applications your downloads from our Website, App, or Platform, which provides dedicated non-browser based interaction between you and our Website, App, or Platform;
From you placing an order, which includes details of transactions you carry out on our Website, App, or Platform;
When you subscribe to a newsletter;
From your responses to a survey;
From forms filled out by you;
From records or copies of correspondences (including email addresses) if you contact us;
From search queries on our Website, App, or Platform;
When you post information to be published or displayed on our Website, App, or Platform; and
From third parties such as business partners and partner applications, including but not limited to, HubSpot, ExploreWMS, Barcodes Inc, and ZoomInfo.
We collect information from you automatically when you navigate through our Website, App, or Platform in the following ways:
Information obtained through browser cookies;
Information obtained through flash cookies;
Web beacons on our Website;
Web beacons on emails sent by us; and
Other tracking technologies.
5. HOW DO WE USE YOUR INFORMATION?
We use the information that you provide to:
Personalize your experience in using our Platform;
Provide you with information, products, or services requested from us;
Present our Website, App, and Platform and their contents to you;
Provide you with notices about account and/or subscription, including expiration and renewal notices;
Carry out obligations and enforce rights arising from contracts entered into between you and us, including billing and collection;
Notify you about changes to our Website, App, and Platform and any products or services;
Allow you to participate in interactive features on our Website, App, and Platform;
Improve the Website, App, and Platform;
Improve our customer service;
Administer contests, promotions, and surveys or other Website, App, and Platform features;
Anonymize data and aggregate data for statistics;
Contact you for other purposes with your consent;
Contact you about our products and services that may be of interest;
Contact you about third parties’ goods and services;
Enable the display of advertisements to our advertisers’ target audiences, although personal information is not shared with advertisers without your consent;
Send you periodic emails, in accordance with the CAN-SPAM Act of 2003 as detailed in Section 14, via the email address provided by you to (i) send information, respond to inquiries, and/or other requests or questions; (ii) process orders and send information and updates pertaining to such orders; (iii) send additional information related to your product and/or service; and (iv) market to our mailing list or continue to send email to you after the original transaction has occurred.
For a specific purpose for which you have given us specific consent to use or process your personal information; and
When it is reasonably necessary to achieve our legitimate business interests.
We allow third party behavioral tracking and links to third-party web pages. Occasionally, at our discretion, we may include or offer third-party products or services on our Website, App, or Platform. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Website, App, or Platform and welcome any feedback at about these sites. Please contact us at firstname.lastname@example.org.
7. HOW DO WE PROTECT INFORMATION WE COLLECT?
Our Website and App are reasonably scanned to meet or exceed PCI Compliance. Our Website and App receive regular security scans and penetration tests. Our Website and App also receive regular malware scans. In addition, our Website and App use an SSL certificate as an added security measure. We require username and passwords for our employees who can access your personal information that we store and/or process on our Platform and servers. In addition, we actively prevent third parties from getting access to your personal information that we store and/or process on our Platform and servers. We accept payment through a third party credit card processor on our behalf. We will implement reasonable security measures every time you (a) place an order, or (b) enter, submit, or access your information, (c) register, or (d) access our Platform, on our Website and App.
8. DATA SECURITY MEASURES.
Security Measures. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, App, or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website, App, or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website, App, or Platform.
Fair Information Practice Principles. In the event of a personal data breach, we will notify you within seventy two (72) hours via (i) email and/or (ii) our Platform notification system on our Website and/or App. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
Open-Source Software: We use various open-source software in the provision of our Services. To be obtain the list, please contact us at email@example.com.
9. DISCLOSURE OF PERSONAL INFORMATION
There are times when we may share Personal Information that you have shared with us may be shared by Hopstack with others to enable us to provide you over Services, including contractors, service providers, and third parties (“Partners”). This section discusses only how Hopstack may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:
Disclosure of Personal Information.
We may disclose aggregated, de-personalized information about you that does not identify any individual to other parties without restriction, such as for marketing, advertising, or other uses.
We require all contractors, service providers, and other third parties to whom we disclose your personal information to be under contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose them.
We may disclose personal information in the event of a merger, sale of business, etc.
We require all other Partners, to whom we disclose your personal information, to enter into contracts with us to keep personal information confidential and use it only for the purposes for which we disclose it to such Partners.
We may disclose personal information for any other purpose for which you have provided it.
Other Disclosure of Personal Information.
Third Party Disclosure.
We do not sell, trade, rent, or otherwise transfer personal information to others, unless we provide you with advance notice. This does not include our hosting partners and other parties who assist us in operating our Website, App, or Platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
We do not provide non-personally identifiable visitor information for marketing purposes.
Choices Users Have About How Hopstack Uses and Discloses Information.
10. GOOGLE ADSENSE AND GOOGLE ANALYTICS
We have implemented advertising features on our Website, App, and Platform including: (a) remarketing with Google AdSense; (b) Google Display Network Impression Reporting; and (c) Google Demographics and Interests Reporting.
We use these Cookies to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Website or App.
11. FOR CUSTOMERS AND VISITORS OUTSIDE THE UNITED STATES
We are headquartered in the United States. Most of the operations are located in United States and India. Your Personal Information, which you give to us during registration or use of our Website, App or Platform, may be accessed by or transferred to us in the United States and India. If you are located outside the US, or if you are visiting our Web site or registering for our Services from outside the United States, be aware that your Personal Information may be transferred to, stored, and processed in the United States and India. Our servers or our third-party hosting services partners are located in the United States. By using our site, you consent to any transfer of your Personal Information out of Europe, UK, or Switzerland for processing in the US, India or other countries.
A. Customers and Visitors from the European Union, Great Britain, and Switzerland
If you are a resident of or a visitor to Europe, you have certain rights with respect to the processing of your Personal Data, as defined in the General Data Protection Regulation (“GDPR”). Please note that in some circumstances, we may ask you to provide us with additional information in connection with your request, which may be Personal Data, for example, if we need to verify your identity or the nature of your request. In such situations, however, we will still respond to let you know of our decision. As used herein, “Personal Data” means any information that identifies you as an individual, such as name, address, email address, IP address, phone number, business address, business title, business email address, company, etc.
The New SCCs. The New SCCs took effect on June 27, 2021. Existing data transfers contracts that rely on the Old SCCs can be used until December 27, 2022, by which time all data transfers relying on the Old SCCs must be transitioned to the New SCCs. As of now, we and our customers are using the New SCCs to transport Personal Data from the EU to other countries including the US for processing by us. You are the Controller, as defined in the GDPR, and the Exporter, as defined in the New SCCs, of the Personal Data and we are a processor, as defined in the GDPR, and the Importer of such Personal Data. You agree to comply with the GDPR rules that apply to Controllers and the New SCCs rules that apply to Data Exporters. We agree to comply with the GDPR rules that apply to Processors and the New SCCs rules that apply to Data Importers.
Our GDPR Compliance Commitment.
We agree to fully comply with the letter and the spirit of the GDPR and the New SCCs with respect to the transfer or your Personal Data for Processing outside the EU.
As a Data Importer, a User may contact us as set forth in Subsection 9(d) below with respect to the Personal Data we store and process on you.
We hereby notify you that we will be processing, as defined in the GDPR, the Personal Data of your Authorized Users (i.e., those individuals whom you have authorized to access our Platform and to use our Services) in the US, India for us to be able to provide the Services to you that we have agreed to do in our definitive service agreement between you and us.
Upon request, we will provide you with a list of your Personal Data that we will process and a copy of the New SCCs under which we will transport your Personal Data for processing.
We hereby warrant that, at the time of agreeing to the SCCs for the transport of your Personal Data, we have no reason to believe that the laws and practices applicable to us as a data processor and a data importer, including those of the US, and India are not in line with the requirements of the New SCCs.
If we cannot satisfy any request or dispute to your satisfaction, we will agree to arbitrate or litigate the dispute in the EU jurisdiction in which you reside.
We will only transfer your Personal Data to a third country in accordance with documented instructions from you.
Your Personal Data will be transferred and stored in an encryption format.
Only our employees, who have a need to access your Personal Data to enable us to meet our contractual and legal obligations to you, will be given access to your Personal Data.
Such employees will be given a username and password to access your Personal Data.
We will keep an automated record of all persons who have accessed your Personal Data.
As indicated above, we do not process or store Biometric Identifiers or Biometric Information without the User’s Consent.
Rights of Data Subject. If you are a resident of or a visitor to Europe, you have certain rights with respect to the processing of your Personal Data, (referred here as Personal Information), as defined in the GDPR. Please note that in some circumstances, we may not be able to fully comply with your request, or we may ask you to provide us with additional information in connection with your request, which may be Personal Information, for example, if we need to verify your identity or the nature of your request. In such situations, however, we will still respond to let you know of our decision. To make any of the following requests, please contact us (i) via email at firstname.lastname@example.org, or (ii) by writing to us at Hopstack, Inc., 110 Squires Drive, Lakeway, TX, 78734.
Access: You can request more information about the Personal Information we hold about you. You can also request a copy of the Personal Information.
Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
Objection: You can contact us to let us know that you object to the collection or use of your Personal Information for certain purposes.
Erasure: You can request that we erase some or all of your Personal Information from our systems.
Restriction of Processing: You can ask us to restrict further processing of your Personal Information.
Portability: You have the right to ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.
Withdrawal of Consent: If we are processing your Personal Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, it may limit your ability to use some/ all of our Services or Platform and you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of our Services and Platform.
Response. We will respond to your inquiry within thirty (30) days of the receipt.
B. For Our Brazilian Customers
Brazilian Data Protection Officer. We have appointed a Brazilian Privacy and Data Protection Officer, Vivek Singh at email@example.com to make sure the privacy rights of our Brazilian users are protected in compliance with LGPD.
Data Breach: In the event of a personal data breach, we will notify the User within 72 hours via (i) email, and/or (ii) our Platform notification system on our Website/Platform. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
C. For Our Canadian Users
Definition of Personal Information. Any information about an identifiable individual. Whatever may be the physical form or characteristics of a particular regime for “business contact information” (name, position, title, address, professional phone number, etc.)
Right to Access Personal Information. You can request to access your personal information we hold about you. We will first confirm whether you have requested such information, explain how we have used your information, provide a list of names with whom your information has been shared and provide a copy of your information in an accessible format and make alternative formats available if requested.
Right to Correction/Limited Right to Deletion. You can request us to correct or delete your information IF you demonstrate that the personal information we hold on you is inaccurate. We will delete or correct your information within thirty (30) calendar days. When we delete/correct your personal information we will inform the third parties with whom we have shared your information.
Right to be Forgotten. Your information will be kept with us for as long as it is required for the fulfillment of the purposes of Hopstack platform. Unless we otherwise give you notice, we will retain your Information on the Hopstack Platform on your behalf until such times as you or we terminate your User Account.
Data Breach Notification. We will send a notification to you as soon as feasible regarding the information of any breach that creates a “real risk of significant harm” to you. We keep a record of every data breach and, on request, provide the Office of the Privacy Commissioner with access to the record.
Canadian Privacy Officer. We have appointed a Canadian Privacy and Data Protection Officer, Vivek Singh at firstname.lastname@example.org, to make sure the privacy rights of our Canadian users are protected in compliance with PIPEDA.
Two Factor Authentication. You may enable two-factor authentication on your account to help ensure that only you can access your account. If you do, in addition to entering your password to log in to your account to access the Hopstack Platform, we will send a code to your mobile number, which you will need to enter. This added security prevents anyone else from accessing your Hopstack account unless they have access to your login information.
12. OTHER PRIVACY RIGHTS
A. Your California Privacy Rights
Hopstack does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h). Additionally, California Civil Code Section § 1798.83 permits Users of our Website, App, or Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to email@example.com or write us at Hopstack, Inc., 110 Squires Drive, Lakeway, TX, 78734.
Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at firstname.lastname@example.org or write us at Hopstack, 110 Squires Drive, Lakeway, TX, 78734.
B. Other State Privacy Rights
Massachusetts.The Massachusetts Data Protection Law (201 CMR 17.00), sets standards for the protection of personal information of residents of Massachusetts. You have the following rights under Massachusetts law (i) the right to request access to their personal information that is held by us and to receive a copy of that information; (ii) the right to request the correction of any inaccurate or incomplete personal information; (iii) the right to request that we delete your personal information; (iv) the right to opt-out of the collection, use, or disclosure of your personal information for marketing purposes; (v) the right to be notified in the event of a data breach involving their personal information; and (vi); the right to Opt-in for collection, use or disclosure of Sensitive Personal Information. To exercise any of these rights, please send an email to email@example.com or write us at Hopstack, Inc., 110 Squires Drive, Lakeway, TX, 78734. Further, you have the right to file a complaint with the Massachusetts attorney general if you believe we have violated the Massachusetts Data Protection Law by calling (617) 727-8400 or filing a complaint at https://www.mass.gov/how-to/file-a-consumer-complaint.
Colorado. The Colorado Privacy Act (Colo. Rev. Stat. § 6-1-1301 et seq.) protects the privacy of Colorado consumers. We are currently not subject to the Colorado Privacy Act, but will notify you if this changes in the future.
Connecticut. Hopstack does not sell, trade, or otherwise transfer to outside third parties your “Personal Data” as the term is defined under Connecticut’s Privacy Act and Act Concerning Personal Data Privacy and Online Monitoring. We are currently not subject to the Connecticut Data Privacy Act, but will notify you if this changes in the future.
Utah. On March 24, 2022, Utah enacted the Utah Consumer Privacy Act (UCPA § 13-61-102(1)) which will go into effect on December 31, 2023. We are currently not subject to the Utah Consumer Privacy Act, but will notify you if this changes in the future.
New York: The New York Privacy Act sets strict rules about how businesses must handle consumers’ personal information and gives individuals new rights concerning data. New York residents have the rights to access, correct, deletion, and disclosure regarding your Personal Information. We are currently not subject to the New York Privacy Act, but will notify you if this changes in the future.
Virginia. We are currently not subject to the The Virginia Consumer Data Protection Act (Va. Code § 59.1-571 et seq.), , but will notify you if this changes in the future. The law also gives Virginia residents the right to access their personal data and request correction if it’s inaccurate.
13. COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)
The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website, App, and Platform are not meant for use by children under the age of 13. Our Website, App, and Platform do not target children under the age of 13 but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at firstname.lastname@example.org.
IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE, APP, OR PLATFORM.
14. CAN-SPAM ACT OF 2003
The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:
not use false or misleading subjects or email addresses;
identify the email message as an advertisement in some reasonable way;
include the physical address of Hopstack, which is 110 Squires Drive, Lakeway, TX, 78734;
monitor third-party email marketing services for compliance, if one is used;
honor opt-out/unsubscribe requests quickly; and
give an “opt-out” or “unsubscribe” option.
If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at email@example.com and we will promptly remove you from all future marketing correspondences.
16. LIST OF THIRD-PARTY SERVICE PROVIDERS
Additionally, if you have any questions or concerns about our third-party service providers, please email us at firstname.lastname@example.org.
17. COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of the material on our Website, App, or Platform that you claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Hopstack’s Copyright Agent to receive DMCA Takedown Notices is Vivek Singh at email@example.com and at Hopstack, Attn: DMCA Notice, 110 Squires Drive, Lakeway, TX, 78734. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Hopstack in connection with the written notification and allegation of copyright infringement.
18. CONTACT US