May 25, 2018
Notice of Information We Collect and How We Use It
We collect two types of data about individuals: (1) technical data automatically collected from all visitors to the Website, and individuals that use the Services (“Passive Data Collection”) and (2) information that you or others voluntarily submit to us (“User-Submitted Information”).
Passive Data Collection
We automatically track certain information based upon your behavior on the Website. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve you and our community.
Mobile Device Information
When you download or use our Headnote mobile application (“App”), we receive information about your mobile device (but not the native manufacturer unique identifier for your device) for purpose of tracking unique downloads. We register your device, and may use the identifier to send you push notifications about your transactions with our service.
Like most websites, we automatically receive and record certain information about our users’ behavior on our Website and when using our Services. Our servers automatically gather technical information about our Website traffic and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We aggregate this information with other pieces of information to analyze trends, to administer and improve the Services, to track users’ movements around the Website and to make inventory purchasing decisions that will best serve our customer base. Pages of the Website may also use devices that permit us to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Cookies and Clear GIFs
Cookies we utilize on the Site may include session cookies, persistent cookies, or more advanced technology such as HTML5 or Media Stamp. A session cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" menu. You may configure your browser to prevent cookies from being set on your computer. If you reject cookies your ability to use the Website and Services may be limited and you may not be able to use certain features of the Website, including entering sweepstakes or contests.
Similar cookies and other technologies are used by our partners, which may also include Flash cookies, which are a form of persistent cookies technically called "Local Shared Objects". Flash cookies are set through a mechanism in Adobe Flash Player. With Flash cookies your data is stored in multiple places and it may be restored once you delete it. Please check with your browser's site on the most updated information on how to delete Flash cookies. HTML5 or Media Stamp technology has a local storage feature that, when used, allows for quicker access to a website upon a return visit. HTML5 is currently supported by some mobile devices and desktop browsers. HTML5 Media Stamp data is not stored in a browser's "cookies" file.
We also employ a software technology called clear gifs, also referred to as web beacons or pixel tags, that help manage content on the Website by tracking what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence.
Third Party Advertisers
The General Data Protection Regulation (GDPR) is a comprehensive set of regulations made by the European Union that dictates what companies like Headnote must do in order to properly protect our customers’ data.
While Headnote only serves customers based in the US, it is possible that our customers may occasionally serve clients who are based in the EU.
These terms act as a contract between Headnote and each customer. In GDPR terminology, Headnote is the "data processor" and you (our customer) is the "data controller". "Data subjects" are the clients that you enter into the Service.
Headnote will act as a data processor to you by allowing you to store and retrieve any information that you enter into the Service, as well as running reports and analysis on that information. This processing will continue from the time you create an account with us until you close the account. In order to prevent accidental loss of data, by default we retain a backup of data after an account is closed. This backup is deleted after the account has been closed long enough to be sure you won’t need to recover any of the data. You may request at any time that we delete all of your account data.
By default, the data stored about your data subjects may include their name, email, phone number, address, and other basic contact information. Because you have complete control over the fields in the Service, and the data you choose to enter, it is your responsibility as the data controller to ensure that you only use the software in a GDPR compliant way.
As the data processor, we will provide any needed assistance to you in order to allow data subjects to exercise their rights under the GDPR, and we will assist you in meeting your GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments.
In order to use some features of the Website and the Services you must first register with us and create a username and password. During registration you are also required to give truthful contact and demographic information (including name, email address, birthday and zip code) in accordance with our Terms and Conditions. We use this information to contact you about the products and Services on our Website in which you have expressed interest.
If you order a product from us, we request certain Personal Information from you on our order form, whether you access the Services from our App or the Website. You must provide contact information (including name, billing address, telephone number) and financial information (including credit card number and expiration date).
We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
Before your order can be processed, we will require that you review and consent to our Terms of Service.
Surveys or Contests
We may provide you the opportunity to participate in surveys or contests on our site. If you participate, we will request certain Personal Information. The requested information typically includes contact information (such as name and shipping address) and demographic information.
We use this information to notify contest winners and award prizes, to monitor Website traffic, or to personalize the Website (in the case of anonymous information collected in surveys) and to send participants an email newsletter. By participating in a survey or contest you submit to that activity’s terms and conditions, including providing us with permission, if required, to share your Personal Information with sponsors of that survey and/or contest.
Third-Party Account Credentials
Chat Rooms/ Discussion Boards
If you choose to leave feedback for other users, please note that such information is available to anyone with Internet access. We may, but are not obligated to, collect the information you post in our public message or product review areas to resolve disputes, provide customer support and troubleshoot problems as permitted by law. PLEASE BE CAREFUL WHEN DISCLOSING ANY INFORMATION IN PRODUCT OR SERVICE REVIEWS, DISCUSSION BOARDS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION YOU PUBLICLY DISCLOSE. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you. We reserve the right to terminate the accounts of visitors who use these Services in a manner that is inconsistent with the Terms and Conditions.
Communication from Us or the Website
We use your contact information to communicate with you about Headnote and our marketing partners, as described below.
Special Offers and Updates
Messages about the Service and Your Account
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Based upon the Personal Information you provide us, we will send you a welcoming email to verify your username and password. We will communicate with you in response to your inquiries, to provide the services you request, to manage your account, and to provide the best customer service possible.
If you download and use our App, and have enabled push notifications on your mobile device, we may send you alerts and notifications through push notifications, for example, to communicate shipping status for goods you rent. You can opt out of these transactional messages by changing the settings on your mobile device. We do not send promotional messages by push notification.
We use third party software to verify your identity and address, in order to ensure proper billing procedures for your rental and purchases.
DISCLOSURE OF PASSIVE OR USER-SUBMITTED DATA
Headnote engages in marketing and promotional activities with carefully screened brands, or, “Partners,” which we think will appeal to our user base. We may make our user list available to Partners so that you may receive catalogs, product information, or promotions from our Partners. If you prefer we don’t use your information for partner promotions, please send us an email at firstname.lastname@example.org or send us mail to Headnote, 2181 Greenwich Street, San Francisco, CA 94123. We also may send or permit Partner promotions via email. You may opt out of such promotional emails or Partner mailings by emailing Customer Support at email@example.com.
From time to time, Partners may also be provided with non- identifying or aggregate information indicating the demographic information of users on our Website, buying behavior, and opportunities to market to select segments of our customer base indirectly. When we share aggregate user data, we do so in a way that it cannot be linked with a user's Personal Information.
As required by Law / Certain Business Transactions
We may disclose Personal Information if we have a good-faith belief that doing so is required by a subpoena or other judicial or administrative order or otherwise required by law or in connection with an actual or proposed corporate transaction or insolvency proceeding involving all or part of the business or asset to which the information pertains. This may include responding to legal requests from jurisdictions outside of the United States, where we have a good faith belief that the response is required by law in that jurisdiction.
To Protect Rights
Additionally, we may disclose Personal Information where we, in good faith, deem it appropriate or necessary to prevent violation of the Terms of Service or our other agreements; take precautions against liability; protect the rights, property, or safety of Headnote, any individual, or the general public; maintain and protect the security and integrity of our Services or infrastructure; protect ourselves and our Services from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims or allegations; or assist government enforcement agencies.
Tracking Technologies and Tailored Advertisements / Choices
Headnote also partners with advertising companies to place our advertising on publisher websites on the Internet. These advertising companies collect anonymous information about your visits to our Website by placing and reading cookies on the device you use to access our web site. The cookies do not collect or use Personal Information. Like the cookies we place and read directly, these tracking technologies are used to analyze user behaviors in the aggregate. They are used to analyze and optimize our App or Website, measure conversion, and tailor content to interests.
Our Website is not at this time configured to read or respond to “do not track” settings or signals in your browser headings, which vary by browser provider. In lieu of a browser-based opt-out solution, you can utilize the Network Advertising Initiative approved methods for placement of “opt-out” cookies. Our Website and those of our third party advertisers or other vendors are configured to read and honor these opt-out cookies, so long as they are present on your computer. (If you delete all cookies, you will need to reset your opt-out cookies.) Specific instructions on how to do so are available http://www.networkadvertising.org/choices/. However, please be aware that we do not control these opt-out processes.
Links to Other Websites
Access to Personally Identifiable Information
If your information changes, or if you no longer desire our Services, you may correct, update, delete it or deactivate your account by going to your account or by emailing our Customer Support at firstname.lastname@example.org or by contacting us by postal mail at the contact information listed above.
The security of your information is important to us, including, but not limited to, the Personal Information collected via the Website. We use reasonable security measures to protect against the loss, unauthorized access, misuse, alteration and destruction of Personal Information under our control, both during the transmission and once we receive it. This includes, but is not limited to, the use of firewalls and encryption. Although we make good faith efforts to maintain the security of such Personal Information, no method of transmission over the Internet or method of electronic storage, is 100% secure and we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or alteration. Further, while we work hard to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent “hackers” or other unauthorized persons from illegally accessing or obtaining this information. We keep Personal Information no longer than necessary for legitimate business purpose or as required by law.
As part of securing personal data stored on our servers, we restrict access to Personal Information to Headnote employees, contractors and agents who need to know that information in order to operate, develop or improve the Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or the Website or by providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services.
If a security systems breach occurs, we may post a notice on our homepage (www.headnote.com) or elsewhere on the Website and may send email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. This notice paragraph applies to users of Services and the Website.
Change of Ownership
In the event of a change in ownership, or a merger with, acquisition by, or transfer or sale of all or a portion of our assets to, another entity, we reserve the right to transfer all of your Personal Information, including email addresses, to that entity. We will use reasonable efforts to notify registered users of any such transfer to an unaffiliated third party (by a posting on our homepage, or by email to your email address that you provided to us, as chosen by us in our discretion).
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. Headnote and the Website are not directed toward individuals under the age of eighteen (18), and we request that such individuals do not provide Personal Information through our Website. Additionally, we do not knowingly collect or maintain Personal Information from anyone under the age of 18, unless or except as permitted by law. If we learn that Personal Information has been collected from a user under 18 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 18 who has registered on the Website or you believe has otherwise provided Personal Information to Headnote, please contact Headnote at email@example.com to to have that child’s account terminated and information deleted.
Notice to California Residents
If you are a resident of the state of California, California’s “Shine the Light” law permits you to request information regarding the disclosure of your Personal Information by us to a third party for the third party's direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write us at: Headnote, Attn: Legal, 2181 Greenwich Street, San Francisco, CA, 94123.
Plaid Technologies, Inc. Representation