The Sites are intended to be a safe environment for anyone who accesses and/or uses them. Helmm owns and/or licenses all of the information and content that is featured, displayed, or contained on any of Helmm’s Sites including, without limitation, user profiles, posts, comments, software codes and all other information in any and every format now existing or that may be created in the future, including without limitation text, graphic designs, still images, videos, audio and multimedia (collectively, the "Content") including User Content. "User Content" means all information, posts, comments, reviews, user profiles, behavioral data and narratives that you or any other user of the Sites posts, submits, or otherwise transmits and/or uploads to any of the Sites.
Helmm has created this Policy to demonstrate our commitment to the privacy of users of our Sites. This Policy governs your access and use of the Sites and Helmm’s privacy practices with respect to the Sites. By using Helmm’s Sites, you consent to the collection, processing, use, disclosure and retention of your information by Helmm as described in this Policy. You shall also be subject to any additional terms posted with respect to individual sections of Helmm’s Sites, which also govern your use of Helmm’s Sites. These additional terms include without limitation the Terms of Service located at: www.helmm.com/tos (the "Terms of Service") for Helmm’s Sites. In addition, you agree to be bound by the terms and conditions, privacy and/or other policies (the "Social Media Platform Rules") of any of the social media sites and platforms on which Helmm’s Social Media Sites reside.
Your Acceptance of this Policy
If you do not agree to this Policy, you are directed to discontinue using and accessing Helmm’s Sites. Helmm reserves the right to change or update this Policy at any time and without prior notice to you. Your continued access or use of the Sites after such changes or updates indicates your acceptance of the Policy as changed or updated. It is your responsibility to review this Policy regularly. This Policy was last updated on May 18, 2018.
Collection, Processing, Use, Disclosure and Retention of Information About You
When you use our Sites, Helmm and/or third party service providers Helmm uses automatically track certain information about you (the "Tracking Information"). This information includes your Internet Protocol (IP) address, your Internet browser and version, your operating system, the Internet site or URL from which you came from prior to landing on Helmm’s Sites, the date and time that you access or use our Sites, geolocation information, metadata information, searches that you conduct, key words, the fact that you visited the Sites, the pages that you visit within the Sites, and the Internet site, URL or social media page or platform to which you go upon leaving Helmm’s Sites. Helmm reserves the right to use and sell this Tracking Information, in an aggregated and non-personally identifiable form, to, among other things, monitor the Sites’ performance, to improve the Sites, to improve user experience on the Sites, for utilization of features and services, traffic trends, and other analytical and optimization information. Helmm also reserves the right to use and sell User Content and any data and/or information derived from same in an aggregated and non-personally identifiable form.
Except as otherwise provided in this Policy or our Terms of Service, Helmm shall not share, license, sell, trade or rent any of your personal information to third parties without your advance written permission or as and to the extent required by law. When you communicate with Helmm via email, telephone or otherwise, Helmm may become privy to personal information about you such as your name, address, zip code, phone number, and email address. By using or accessing the Sites, you shall be deemed to expressly opt-in and you knowingly and voluntarily consent to Helmm contacting you, subject to applicable laws. You expressly consent to Helmm using your personal information, including without limitation your name, phone number, address and email address, to contact you regarding your activities on the Sites, including without limitation regarding the creation and/or update of an account on the Website and any transaction or review on the Website. You may at any time prevent Helmm from using your email address by "opting out" of specific mailing lists and services. To “opt out,” please send an email to Helmm at email@example.com, indicating that you no longer wish to receive specific mailing lists and services.
When you provide any personal information to Helmm by way of the Sites, including without limitation Tracking Information, you understand and consent to the collection, processing, use, disclosure and retention of such information by on or behalf of Helmm to the maximum extent permitted by applicable laws. Helmm’s collection of your personal information, including without limitation Tracking Information, shall be subject to the provisions of this Policy and the Terms of Service. You expressly consent to Helmm disclosing your personal information, including without limitation your Tracking Information, as permitted by in this Policy or by the Terms of Service, including without limitation to any subsidiaries or affiliates of Helmm, or to third party service providers in conjunction with the operation of the Sites. You may withdraw such consent as provided in this Policy or in the Terms of Service, provided that pursuant to law or other reasons, there may be circumstances in which you may not withdraw your consent to the collection, processing, use, disclosure and retention of your information. In any such case of your withdrawal of consent, you acknowledge that there may be a delay before Helmm fully implements your withdrawal request and you may therefore still be contacted by Helmm for a period of time thereafter in connection with prior consent. Notwithstanding your withdrawal of any consent, Helmm may subsequently contact you for other purposes that are unrelated to marketing and/or selling, including without limitation legal or regulatory purposes. Please be aware that applicable laws may require or permit the collection, processing, use or retention of your information without your consent.
Most Internet browsers can be set to transmit digital “Do Not Track” requests to websites and social media sites and platforms. Such sites may but are not required to comply with “Do Not Track” requests. At this time, Helmm does not respond to any digital “Do Not Track” requests.
You must protect the privacy of your own information. You must take precautions to protect the security of all personal information that you may transmit to, from or through the Sites over any home networks, routers, private wireless (WiFi) networks, public WiFi networks, and all other communication technologies. You must use encryption and other privacy techniques to prevent unauthorized persons from intercepting and/or receiving any such personal information. You are solely responsible for the security of all such information at all times. Consistent with the foregoing, you shall not utilize unencrypted, open access or otherwise unsecured networks in connection with your access to and/or use of the Sites.
If Helmm sells or transfers all or a portion of its business, whether to an affiliate, subsidiary, related entity, third party or otherwise, or if Helmm enters into a consolidation, reorganization, dissolution, merger, sale of stock or assets, or any similar transaction or enters into bankruptcy or insolvency, you expressly agree that Helmm shall have the right to sell, license or otherwise transfer any information Helmm has about you, including, without limitation, any personal information. In such event, Helmm shall request that the parties involved in any such transaction endeavor to conduct the collection, processing, use, disclosure and retention of your information in the same manner as Helmm does in this Policy.
If you have any questions about Helmm’s handling or use of your personal information, please contact Helmm at the address below:
111 E 14th St, Ste 333
New York, NY 10003
Helmm’s Social Media Sites
In addition, when you register to use social media websites and platforms in general, you are generally required to furnish profile and other information to such websites and platforms in accordance with their own internal policies. Therefore, by using Helmm’s Social Media Sites, you are authorizing Helmm to collect and retain information about you, including your profile and other information that you have disclosed to such social media websites and platforms and other tracking information arising from your access and use of Helmm’s Social Media Sites. You expressly consent to Helmm’s collection and retention of such information in accordance with this Policy and the Terms of Service.
All financial transactions conducted on the Website shall be carried out using a third party merchant service provider that is not affiliated with or under the control of Helmm. All payment options on the Website are made through such merchant service. You agree to be bound by the terms, conditions and policies of such merchant service provider. You agree that Helmm shall not be responsible for any transactions or dealings conducted through such merchant service provider. You further agree that Helmm shall not be responsible for any financial transactions or dealings conducted through the Sites, including by any third party merchant service providers. It shall be the user’s responsibility to pay any fees, charges and/or costs associated with the use of any merchant service providers on the Sites. Presently, Helmm uses Stripe as its third party merchant service provider. Stripe’s website is located at www.stripe.com. You agree to be bound by the terms, conditions and policies of Stripe.
You agree that the products and/or services offered on the Website may be impacted and/or changed by any change to the services offered by third party merchant service providers, including without limitation Stripe. You agree not to seek any recovery or recourse from Helmm relating to any financial transactions in which you engage via the Sites and that you shall look exclusively to such merchant service providers, and not to Helmm, for any and all recovery and recourse. You agree that Helmm may charge a separate service fee in connection with any products offered and sold on its Sites.
Mobile Device Users of Helmm’s Sites
You can access and use Helmm’s Sites with virtually any mobile communications device such as a tablet, smartphone or wearable device that has an Internet browser application (a "Mobile Device"), subject to any registration requirements with Helmm and provided that you subscribe or have access to a mobile telecommunications network. You are solely responsible to pay any and all service and/or telecommunications provider fees for mobile Internet access to Helmm’s Sites including all applicable text messaging fees and data and other charges. Helmm shall not be responsible for any technical or other difficulties that you may experience when you use any Mobile Device or public or private mobile communications network to access or use any of Helmm’s Sites. Some of the features of Helmm’s Sites may not be available or accessible when you view Helmm’s Sites using a Mobile Device. You understand that Helmm is providing its Sites to you on an “as is” basis without any warranty or guarantee whatsoever.
In addition to the Tracking Information described above, when you use a Mobile Device to access and/or use the Sites, Helmm may collect and process information and metadata about geographic location, mobile device, your mobile network, IP address and other information, including without limitation information about nearby devices including Mobile Devices, WiFi access points and cellular communications towers that can be derived technologically from the use of your Mobile Device. Helmm is entitled to use this information as described in this Policy.
Most Mobile Devices allow a user to control and disable location services, Cookies, and other privacy settings. Please refer to the instructions for your Mobile Device for additional information.
There are many potential risks when you use a Mobile Device. If your Mobile Device is lost, stolen, or compromised, or if someone else gains access to your mobile network, your personal information could be compromised or hacked. Helmm expressly disclaims any and all liability and responsibility for any such compromise and/or hack and any and all damages arising from same.
Helmm strives to protect the personal information, confidentiality and privacy of each user. However, Helmm cannot and does not guarantee the security of any personal information or Content that you disclose online or submit to Helmm via the Sites or otherwise, and you do so solely at your own risk.
You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of Helmm’s Sites on the Internet; (2) the technological limitations of security, privacy, and authentication measures and features on Internet sites and specifically on Helmm’s Sites; (3) the risk that data or information is transmitted to or from Helmm’s Sites may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, “impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, denial of service attacks, nuking, system contamination (including computer viruses, Trojan horses, worms, defects, date bombs, time bombs, malware, ransomware, bugs, executables or other items of a destructive nature or any other malicious computer codes, scripts, applications or programs) causing unauthorized, damaging, or harmful access to and/or retrieval of information and data on your computer or network; (4) the risk that data or information on any of Helmm’s Sites may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient; (5) unauthorized access by third parties; and (6) the content or the privacy policies of other websites and social media websites and platforms, including without limitation those to which Helmm may link or be linked.
Helmm is committed to the safety of children and to protecting the online privacy of children. Helmm does not request or knowingly collect any personal information from children under the age of thirteen (13). If Helmm becomes aware that a child under the age of 13 has provided personal information to the Sites, Helmm shall take reasonable measures to delete all such information from Helmm’s stored records; provided, however, that in instances in which Helmm collects a persistent identifier and no other personal information, Helmm may use such identifier solely to provide support for the internal operations of the Sites. Helmm relies on the parents and guardians of children to monitor their children’s access and use of the Internet, including Helmm’s Sites.
Your California Privacy Rights
Annually, California residents may request and obtain personal information that Helmm has shared with third parties for such third parties’ direct marketing purposes within the prior calendar year (as defined by California Civil Code § 1798.83, commonly known as California’s “Shine the Light Law”). If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which Helmm shared this information in the immediately preceding calendar year. To obtain this information, please send an email message to firstname.lastname@example.org with the words "California Shine the Light Privacy Request" in the subject line as well as in the body of your message. Helmm shall then furnish the requested information to such email address.
Helmm fully cooperates with law enforcement personnel and agencies in identifying those who use Helmm’s Sites and/or services for illegal activities. Helmm reserves the right to release information to law enforcement agencies about any user of the Sites, including without limitation any personal information or Tracking Information, whenever required by law, court order, other legal process, government agency or authority, or regulatory agency or authority or whenever Helmm, in its sole and absolute discretion, believes: (i) a user is engaging in any activities in violation of this Policy, the Terms of Service and/or applicable law; (ii) disclosure is necessary to prevent physical harm or financial loss; or (iii) is necessary in connection with an investigation of suspected and/or actual illegal activity.
You and Helmm have agreed to this Policy within the State of New York for all purposes. Any and all claims, disputes or legal proceedings arising out of or in connection with this Policy including, without limitation, its validity, interpretation, performance or breach, shall be adjudicated exclusively in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, County of New York. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Helmm for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against or by you. This Policy and its validity and effect shall be interpreted under and governed by the substantive laws of the United States of America and the State of New York, without regard to principles of conflict of laws or statutes.
YOU AGREE TO WAIVE ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM, DISPUTE OR LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS POLICY. IN ANY SUCH CLAIM, DISPUTE OR LEGAL PROCEEDING, YOU AGREE NOT TO JOIN OR CONSOLIDATE CLAIMS, DISPUTES OR LEGAL PROCEEDINGS BY OR AGAINST OTHER CUSTOMERS IN COURT OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
No action or inaction by Helmm may be construed as a waiver of this Policy or any part thereof. If any of the provisions of this Policy are held to be invalid, unenforceable or illegal, the validity, enforceability and legality of the remaining provisions of this Policy shall not be affected thereby and shall continue in full force and effect.
Copyright © 2018 by ZGTL LLC. All Content contained in and on Helmm’s Sites is intellectual property belonging exclusively to Helmm and/or their respective owners, and is protected by international, federal and state copyright and other laws and international treaties. Any copying, republication, redistribution, creation of derivative works, or public performance of the Content is strictly prohibited. Helmm reserves the right to enforce its copyright, trademark, and other legal rights and interests to the maximum extent permitted under the law. All rights of Helmm are expressly reserved.