WEBSITE TERMS OF USE
These Website Terms of Use ("Terms of Use") apply to the HiperStream website located
at www.hiperstream.com and all associated sites linked to it by Hiperstream ("Website"). Please
read these Terms of Use carefully as they are a binding agreement between you and
HiperStream Inc. and its subsidiaries ("HiperStream" or "We").
BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE AND OUR
PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THEM, DO NOT USE THE WEBSITE.
HiperStream reserves the right to change, add or remove parts of these Terms of Use, at any
time. It is your responsibility to check these Terms of Use periodically for changes. Your
continued use of the Website following the updating of these Terms of Use with changes mean
that you accept and agree to such changes. HiperStream may also change or discontinue any
aspect, service or feature of the Website at any time, including but not limited to, content,
availability, and equipment needed for access or use. You are responsible for obtaining and
maintaining all connectivity, computer software, hardware and other equipment needed
for access to and use of the Website.
These Terms do not apply to your access to and use of Hiperstream Platform and related
services, which are governed by the Platform Subscription Agreement and the Privacy
Policy, as applicable.
YOUR ACCOUNT
In order to have access to and participate in certain features of the Website You may be
required to register via an online registration form and create a user account ("Your
Account"). We will use the information you provide in accordance with the Privacy Policy.
By registering you represent and warrant that all information that you provide on the
registration form is current, complete and accurate to the best of your knowledge.
Please keep your password confidential and do not share your account with anyone else.
You are entirely responsible for maintaining the confidentiality of your account information,
including your password, and for any and all activity that under your account as a result of your
failing to keep this information secure and confidential. If you believe that your account has
been compromised at any time, please notify us via e-mail to ti_infra@hiperstream.com.
HIPERSTREAM CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music, artwork and computer code ("Our Content"), including but not limited to the design,
structure, selection, coordination, expression, "look and feel" and arrangement of such Content,
contained on the Website is owned, controlled or licensed to HiperStream, and is protected by
trade dress, copyright, patent and trademark laws, as well as other intellectual property rights
and competition laws.
Except as expressly provided in these Terms of Use, no part of the Website, including Our
Content, may be copied, reproduced, republished, uploaded, posted, publicly displayed,
encoded, transmitted or distributed in any way, to any other computer, server, website or other
medium for publication or distribution or for any commercial enterprise, without HiperStream
prior written consent.
You may display, copy and download Content from the Website solely for your personal and
non-commercial use provided that: (a) you do not remove any copyright or proprietary
notice from the Content; (b) such Content will not be copied or posted on any networked
computer or published in any medium; and (c) no modifications are made to such Content.
USER CONTENT
You may post text, photographs, videos, or other content ("User Content") on the Website.
You can only post User Content if you own all the rights to that User Content, or if another
rights holder has given you permission. You do not transfer ownership of your User Content
simply by posting it. However, by posting User Content, you grant us an irrevocable,
perpetual, non-exclusive right to reproduce, encode, store, copy, transmit, publish, post,
broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and
otherwise use your User Content, even if you stop using our Website. You agree to
indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm,
damage, injury, cost or expense arising out of any User Content you post. Keep in mind that
if you send us any information, ideas, suggestions, or other communications to us, those
communications will not be confidential. Moreover, HiperStream reserves the right to
reproduce, use, disclose, and distribute such communications without any obligation to
you.
You agree that you will not upload, post or otherwise transmit any User Content that (a)
violates the rights of others, including any User Content that may defame, harass, stalk or
threaten others; (b) you know to be false, misleading or inaccurate; (c) contains expressions
of bigotry, racism, xenophobia, hate speech, vulgarity or profanity; (d) contains or
advocates pornography or that is otherwise obscene or lewd; (e) violates any law or
advocates violent behavior; (f) poses a threat to personal or public safety; (g) is protected
by copyright, trademark, trade secret, right of publicity or other proprietary right without
the express permission of the owner of such other proprietary right; (h) does not generally
pertain to the designated topic of any given blog or discussion area within the Website; (i)
contains any unsolicited or unauthorized advertising or promotional material, "junk mail",
"spam", "chain letters", "pyramid schemes", or any other form of solicitation; (j) uses the
name or allows identification of a natural person without such person’s consent; and (k)
contains a virus or other harmful or disruptive component.
HiperStream reserves the right to monitor User Content posted in the Website to
determine compliance with these Terms of Use, as well as to screen, edit, refuse to post or
remove without notice any User Content posted in the Website at any time and for any
reason. HiperStream reserves the right, at its own discretion, to prevent any person
deemed to have violated the rights of others, including intellectual property rights, from
posting any further material on the Website.
HiperStream is not responsible for, and does not endorse, User Content posted by you or
any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss
or damaged caused to you or any third party in connection with any such User Content.
You shall be solely liable for any damage resulting from any violation of copyrights,
trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm
resulting from User Content you post.
YOUR USE OF THE WEBSITE
YOU MAY (a) comply with these Terms of Use and other policies applicable to the use of
the Website; (b) comply with all applicable laws and governmental regulations regarding,
including, but not limited to, with regard to intellectual property, data privacy, and export
control; (c) upload or post only User Content to which you own all required rights under law
and under contractual and fiduciary relationship, as applicable; (d) use commercially
reasonable efforts to prevent unauthorized access to or use of your account; (e) keep
passwords and all other login information confidential; (f) monitor and control all activity
conducted through your account; and (g) promptly notify HiperStream if you become aware
of or reasonably suspect any illegal or unauthorized activity or a security breach involving
your account.
YOU MAY NOT (a) interfere with or disrupt the Website or the servers or networks
connected to the Website; (b) engage in any activity that would constitute a criminal
offense or give rise to a civil liability; (c) impersonate any person or entity or falsely state
your affiliation with any person or entity; and (d) interfere with any other user’s right to
privacy, including by harvesting or collecting personally-identifiable information about users
of the Website or posting private information about a third party; (e) probe, scan or test the
vulnerability of the Website or any network connected to the Website, nor breach the security or
authentication measures of the Website or any network connected to the Website; (f) take any
action that imposes a disproportionately large load on the infrastructure of the Website or any
systems or networks connected to the Website; (g) reverse look-up or trace any information on
any other user or visitor of the Website, or any customer of HiperStream, including any account
not owned by you, or exploit the Website or any service or information made available through
the Website, with the purpose to reveal any information, including but not limited to personal
information, other than your own information; (h) use any automatic device to access, acquire,
copy or monitor any portion of the Website or any Content, or in any way circumvent the
navigational structure of the Website or any Content to obtain any materials, documents or
information not purposely made available through the Website; (i) attempt to gain unauthorized
access to any portion or feature of the Website, or to any of the services offered through the
Website, by hacking, password "mining" or any other illegitimate means; (j) interfere with the
proper working of the Website or any transaction being conducted on the Website, or with any
other person’s use of the Website; and (k) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any message you send to HiperStream through the Website or any
service offered through the Website; (l) use any service, technology or automated system to
artificially inflate the page views that your User Content receives – such as pay-per-click
services and web "robots"; and (m) post more User Content than an individual could upload
in a given period of time.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. HIPERSTREAM
DOES NOT WARRANT THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.
THE WEBSITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR
USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEBSITES,
YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO
NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEBSITES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL
HIPERSTREAM BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST
PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR
MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION
ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION,
OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD,
CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS
LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF
ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF HIPERSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO ACKNOWLEDGE THAT
HIPERSTREAM IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
INDEMNIFICATION
You agree to defend, indemnify and hold HiperStream – including its affiliates and their
respective directors, officers, employees and agents – harmless from and against all claims
and expenses, including attorneys’ fees, arising out of the use of the Website by you.
HiperStream reserves the right to take over the exclusive defense of any claim for which we
are entitled to indemnification. In such event, you shall cooperate with HiperStream as
reasonably requested.
TERMINATION
We may terminate or suspend these Terms of Use at any time without notice to you. We
also reserve the right to immediately terminate your access to the Website in the event of
any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the
event of any breach by you of these Terms of Use.
GOVERNING LAW AND JURISDICTION
If You reside in Europe, this Agreement is governed by and shall be construed in
accordance with the laws of Switzerland, without regard to its conflict of laws rules. Any
dispute arising out of or in connection with this Agreement shall be submitted exclusively
to the jurisdiction of the ordinary courts of the Canton of Zurich, venue being Zurich 1.
If You reside in the United States of America, this Agreement is governed by and shall be
construed in accordance with the laws of the State of California, without regard to its
conflict of laws rules. Any dispute arising out of or in connection with this Agreement shall
be submitted exclusively to the jurisdiction of the ordinary courts of California State.
If You reside in any country of Latin America, this Agreement is governed by and shall be
construed in accordance with the laws of Brazil, without regard to its conflict of laws rules.
Any dispute arising out of or in connection with this Agreement shall be submitted
exclusively to the jurisdiction of the ordinary courts of São Paulo, State of São Paulo, Brazil.
Please report any violations of these Terms of Use via e-mail to legal@hiperstream.com.
MISCELLANEOUS
These Terms of Use constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous written or oral agreements between the
parties with respect to such subject matter.
The provisions of these Terms of Use are for the benefit of HiperStream, its affiliates and its
third-party content providers and licensors and each of them shall have the right to enforce
such provisions directly or on their own behalf.
The failure of either party to enforce at any time any of the provisions of these Terms of Use, or the failure to require at any time performance by the other party of any of the
provisions of these Terms of Use, shall in no way be construed to be a present or future
waiver of such provisions, nor in any way affect the validity of either party to enforce each
and every such provision thereafter.
If, for any reason, a court of competent jurisdiction finds any provision of these Terms of
Use, or portion thereof, to be invalid or unenforceable, such provision will be enforced to
the maximum extent permissible, and the remainder of these Terms of Use will continue in
full force and effect.
PRIVACY POLICY
HiperStream, Inc. and its subsidiaries (collectively, "HiperStream" or "we") appreciate and acknowledge the vital importance of privacy, security and data protection to our clients and to all data subjects that might have their Personal Data (as defined below) processed through our systems. As a global organization, HiperStream does its utmost to provide adequate protections across all of its operations and implement consistent and rigorous policies and procedures.
For the purposes of this Privacy Policy, "You" means, in the case of an individual accepting this Privacy Policy on his or her own behalf, such individual, or in the case of an individual accepting this Privacy Policy on behalf of a company or other legal entity, the company or other legal entity for which You are accepting this Privacy Policy, and Affiliates of that company or legal entity.
You are deemed to have accepted this Privacy Policy whenever You navigate our website, subscribe to and/or use HiperStream Platform, whether it is a trial or beta version thereof, and enter into the Platform Subscription Agreement, as applicable.
This Privacy Policy informs you of our privacy practices and of the choices you can make about the way we collect and use information about you, including information that may be collected from your online activity and which may be processed as a consequence of our services.
For the purposes of this Privacy Policy, personal data ("Personal Data") means any information relating to an identified or identifiable natural person (you); whenever you can be identified, directly or indirectly, in particular by reference to an identifier such as your name, an identification number, location data, an online identifier or to one or more factors specific to your identity.
SCOPE AND AGREEMENT
This Privacy Policy describes the collection and use of Personal Data when you visit and use the services offered by HiperStream. By agreeing to this Privacy Policy, you declare and agree that HiperStream may use your Personal Data accordingly.
By design, the provision of our services per se does not demand the direct collection of personal data, but, rather, entails the processing of data, including Personal Data, which is originally collected and provided to HiperStream by its corporate clients. As such, except for the Personal Data which may be collected when You use our website, as further detailed below, HiperStream will only occasionally collect your Personal Data. If and when your Personal Data is collected for purposes not associated to your visiting of our website (e.g. employment enrollment or general job interest data) you will be duly notified and given the opportunity to exercise your rights to have your Personal Data rectified or erased.
Moreover, this policy does not apply to Personal Data to which we may have access in order to provide services to you ("Services Data"), which is detailed in our Services Privacy Policy below.
THIRD PARTY SERVICES AND APPLICATIONS
This Privacy Policy does not apply to third-party applications, products, services, websites or social media features that may be accessed through links we provide for your convenience and information. Accessing those links will cause you to leave our environment and may result in the collection or sharing of information about you by a third-party. We do not control, endorse or make any representations about those third-party websites or their privacy practices, which may differ from ours. We encourage you to review the privacy policy of any website you interact with before allowing the collection and use of your Personal Data.
INFORMATION WE COLLECT
HiperStream collects certain Personal Data when you register with HiperStream, request information about us or when you use HiperStream services. In registering with HiperStream or requesting information, you may provide us with a password, your real name, industry, organization name, job role, and contact information, such as e-mail address, phone number, and shipping address. We may also collect your product registration information, product interest information, transaction information, or demographic information. We may collect payment information such as your credit card number and billing address if you purchase product or services from us. We may also combine information you provide with data we collect automatically (as further described below) and with data we receive from third parties.
Whenever you visit the HiperStream website, HiperStream also receives and records information on our server logs from your browser, including your computer's or mobile device's operating system type and version, browser type and language, your Internet Protocol (IP) address, and geographic areas derived from your IP address, HiperStream cookie information, file information, time stamped logs regarding access times and duration of visits, the websites you visited before coming to HiperStream websites, and other usage data relating to your activities on our websites, including the pages you request. We may relate this information to the Personal Data you provide for purposes described in this Privacy Policy.
When you use our mobile apps, we also automatically collect information about your device and about your usage of and activity on our mobile apps. For example, we collect your device’s mobile operating system type and version, browser type, device type, geolocation data, Wi-Fi networking connection data, Internet Protocol (IP) address, device identifiers, time stamped logs regarding access times and duration of visits, and other information.
DATA COLLECTED AUTOMATICALLY – COOKIES AND IP
Cookies are text files containing small amounts of information which are downloaded to your device, or more technically, to the browser that you use on that device, when you visit a website. The entity that places cookies on your browser can then read the information on that cookie that it set. Cookies are typically classified as either "session cookies" which do not stay on your device after you close your browser or "persistent cookies" which will usually remain on your device until you delete them or they expire.
When you visit our website, we place information on your computer in the form of a cookie, which is recognized automatically the next time you visit us. Cookies allow us, for example, to adapt our website to meet your interests. If you do not wish us to recognize your computer again later, please set your web browser to delete cookies from your computer, to block all cookies or to warn you before saving a cookie. Note, however, you may not be able to avail of the full scope of our website functions. In this respect, note that HiperStream uses certain cookies which are unrelated to online advertising: (i) account access security cookies; (ii) functional cookies, which preserve the functionality of navigational elements; and (iii) language or regional setting cookies.
HiperStream may also track IP addresses for purposes of system administration, to report aggregate information, site tracking, to prevent our servers from being abused and for other uses described in this Privacy Policy.
HOW WE USE YOUR PERSONAL DATA
We use your Personal Data for the purposes described in this Privacy Policy and to manage our relationship with you and provide you with better services, including by personalizing your interaction and experience with us. For example, we may use your information to:
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(a) conduct our ordinary business operations, including to verifying your identity, making credit decisions, completing transactions and orders of our products or services, administering your account, processing payments and conducting business research and analytics;
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(b) for staff training and quality assurance purposes (which may include monitoring or recording calls to our customer support) and, generally, improving our internal operations and the performance of systems, products and services, which includes innovation activities such as creating new products, features and services using research and development tools and incorporating data analysis activities;
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(c) improve your customer experiences, by maintaining accurate contact and registration data, offering adequate and improved products, services and features that may interest you and enabling you to participate in contests and surveys;
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(d) respond to your comments, questions and complaints;
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(e) send you service-related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
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(f) communicate with you and your referrals about promotions, upcoming events, and news about products and services offered by HiperStream and our business partners;
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(g) link or combine information about you with other data we get from third parties, to help understand your needs and provide you with better and more personalized service;
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(h) enforce our terms and conditions or protect our business, partners or clients; and
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(i) protect against, investigate, and deter fraudulent, unauthorized, or illegal activity.
SHARING OR TRANSFERRING PERSONAL DATA
We do not share Personal Data to third parties unless you have previously agreed to this or it is legally permissible for us to do so.
We may transfer Personal Data to other HiperStream entities. To ensure that your Personal Data is secure, HiperStream entities are contractually bound to comply with this Privacy Policy and our internal privacy guidelines. Those, in turn, are communicated regularly to our employees, as part of our specific compliance program. By accessing this website you consent to the transfer and sharing of your Personal Data among HiperStream entities.
As any other business, HiperStream relies on service providers to manage and support, on our behalf, certain aspects of our business operations. These service providers may be located in a number of global regions and may provide services such as, data hosting, IT and cloud services, debt-collection, fraud management services, customer support and advertising and marketing activities. Our service providers are required by contract to safeguard any Personal Data they receive from us and are prohibited from using the Personal Data for any purpose other than to perform the services as instructed by HiperStream.
We may also share your Personal Data when we believe, in good faith, that we have an obligation to: (i) comply with any law, regulation or court order; (ii) respond to duly authorized information requests of regulators, law enforcement agencies and other public authorities, including in instances associated to natural security threats; (iii) enforce and/or protect the rights and properties of HiperStream, including to investigate fraud and help prevent security threats or other criminal or malicious activity; or (iv) protect the legitimate interests of third parties, including the personal safety of HiperStream employees.
HIPERSTREAM may, for strategic or other reasons, decide to sell, buy, merge or otherwise reorganize its businesses. In such instances, it may be the case that we disclose or transfer your Personal Data to prospective or actual purchasers.
We may also share your Personal Data with: (i) credit reference and fraud prevention agencies; (ii) debt collection agencies (for outstanding debts with us); (iii) other third parties, such as our business partners, with the appropriate notice and consent. If you choose to provide Personal Data to these other companies, that Personal Data will be handled according to the privacy policy of those companies, which may differ from HiperStream policies and practices
ADVERTISING AND MARKETING
You agree that we can collect, process and use your Personal Data for our own advertising or market research purposes and, in particular, to improve the goods and services offered by us. We can collect, collate and use your data, along with that of other members, in anonymized form in order to improve our services, website and advertisements.
HiperStream also allows that certain third parties, such as analytics companies, advertisers and ad networks, automatically collect information about you through our websites, using cookies, web beacons, and device identifiers, including Personal Data about your online activities over time and across different websites, devices, online channels and applications when you use our websites. Among other things, this may allow ours or other targeted advertising to be shown to you when you are visiting other websites, for example advertising relevant to your age group, your location or to products that you have looked at, recommended, bought or sold (this is known as remarketing, retargeting or behavioral advertising). However, if you see advertising of this sort, it does not mean that we have provided the advertising parties with Personal Data such as your name, address and date of birth.
CHILDREN’S PRIVACY
HiperStream does not knowingly collect information from children as defined by local law, and does not target its websites or mobile applications to children.
E-MAIL COMMUNICATIONS
We will only use your email address for those purposes for which you have provided it (e.g. membership-related messages, sending status emails, notifications regarding purchases and sales). You will only receive advertising from us via email if you have agreed to do so or where the law otherwise allows.
If you have expressly agreed to the receipt of marketing emails or newsletters (e.g. when you register or during a later log-in), you thereby agree to receive HiperStream communications containing content chosen by us, or emails with advertising, at the email address that you have supplied to us. HiperStream communications may appear at regular or irregular intervals and, in addition to information pertaining to HiperStream, may contain offers from HIPERSTREAM business partners or third parties. You can unsubscribe to HiperStream communications at any time at www.hiperstream.com or, when available, via a link in the communication in question.
DATA SECURITY – PROTECTION OF YOUR DATA
We use the usual standard physical, electronic and managerial security procedures, including encryption, passwords and physical security as an effort to protect your Personal Data from unauthorized access and disclosure and to prevent annoying communication (spam). However, you should know that no company, including HiperStream, can fully eliminate security risks associated with Personal Data.
To help protect yourself, please use a strong password, do not use the same passwords to access your HiperStream accounts that you use with other accounts or services, and protect your user names and passwords to help prevent others from accessing your accounts and services.
Personal Data we collect may be retained for as long as needed to fulfill legitimate business purposes, including the purposes outlined in this Privacy Policy, or for a period of time specifically required or allowed by applicable regulations or laws.
EXCERCISING YOUR RIGHTS
You have the right to have access granted to any Personal Data that you have provided to us or that we keep about you. Moreover, you have the right to withdraw any consent previously granted or to request amendment, correction, anonymization or deletion of your Personal Data and to request clarification about the processing. In certain cases, your request may be denied on a legitimate basis such as where making information available would reveal Personal Data about another data subject or where HiperStream is legally prevented from disclosing such information.
CHANGE
As technology and our services advance, we will also adapt our Privacy Policy. When this happens, we will post the revised statement here, with an updated revision date. If necessary, ask you for fresh agreement. All the same, you should view this page on a regular basis in order to find out about the current status of our Privacy Policy.
REVOCATION
If most use of your Personal Data is based on your consent, this consent can be revoked at any time; the revocation, however, will only apply to future use of the data. You can revoke this consent by an email to governanca@hiperstream.com. Revocation of your consent and consent may mean that certain services are no longer available or will be limited. HiperStream retains the right to exercise our data activities on a legal basis at any time.
CONTACT US
If you have any questions or concerns about this Privacy Policy, our collection and use practices or regarding a possible data or privacy breach you can contact us via e-mail to governanca@hiperstream.com.
ADDENDUM
HIPERSTREAM SERVICES PRIVACY POLICY
This HiperStream Services Privacy Policy ("Services Privacy Policy") is an addendum to our Privacy Policy and is offered to You in order to clarify that the use of information to which we may be provided access in order to provide services to our clients, including Personal Data, is more limited than set forth in the Privacy Policy.
For the purposes of this Services Privacy Policy, "You" means, in the case of an individual accepting this Services Privacy Policy on his or her own behalf, such individual, or in the case of an individual accepting this Services Privacy Policy on behalf of a company or other legal entity, the company or other legal entity for which You are accepting this Services Privacy Policy, and Affiliates of that company or legal entity.
You are deemed to have accepted this Services Privacy Policy whenever You navigate our website, subscribe to and/or use HiperStream Platform, whether it is a trial or beta version thereof, and enter into the Platform Subscription Agreement, as applicable.
We may collect information from your use of HiperStream websites and your interactions with us offline ("Your Data"). We deal with Your Data according to the terms of the Privacy Policy.
Conversely, the data that resides on HiperStream Platform, Your or third-party systems, and to which HiperStream is provided access specifically to enable it to perform services ("Services Data") is treated according to the terms of this Services Privacy Policy, and as confidential data in accordance with the terms of the Platform Subscription Agreement.
By subscribing to HiperStream Platform or engaging HiperStream for the provision of services, You provide us access to your production, development or test environment, which may include Personal Data about your employees, customers, partners or suppliers (collectively "End Users").
HOW WE COLLECT AND USE SERVICES DATA
Services Data may be accessed and used to perform services under your explicit or implicit orders or instructions, including support, and to confirm your compliance with the terms of the Platform Subscription Agreement. This may include testing and applying new product or system versions, patches, updates and upgrades; monitoring and testing system use and performance; and resolving bugs and other issues You have reported to us. Any copies of Services Data created for these purposes are only maintained for time periods relevant to those purposes.
HiperStream may be required to retain or provide access to Services Data to comply with legally mandated reporting, disclosure or other legal process requirements. We may transfer and access Services Data globally as required for the purposes specified above.
If HiperStream hires subcontractors to assist in providing services, their access to Services Data will be consistent with the terms of the Platform Subscription Agreement and this Services Privacy Policy. HiperStream is responsible for its own subcontractors’ compliance with the terms of this Services Privacy Policy and the Platform Subscription Agreement.
HiperStream will not use Services Data except as stated above or in the Platform Subscription Agreement. Agreement may process Services Data, but does not control your collection or use practices for Services Data. If You provide any Services Data to HiperStream, You acknowledge and agree that You are responsible for providing any notices and/or obtaining any consents necessary for HiperStream to access, use, retain and transfer Services Data as specified in this services privacy policy and in the Platform Subscription Agreement.
SECURITY AND BREACH NOTIFICATION
HiperStream is also committed to reducing risks of human error, theft, fraud, and misuse of our facilities. Our efforts include making personnel aware of security policies and training employees to implement security policies. Our employees are required to maintain the confidentiality of Services Data. Employees' obligations include written confidentiality agreements, regular training on information protection, and compliance with company policies concerning protection of confidential information.
HiperStream promptly evaluates and responds to incidents that create suspicions of unauthorized handling of Services Data. Our cybersecurity and legal teams are informed of such incidents and, depending on the nature of the activity, define escalation paths and response teams to address the incidents. If HiperStream determines that your Services Data has been misappropriated (including by a HiperStream employee) or otherwise wrongly acquired by a third party, we will promptly report such misappropriation or acquisition to You.
CROSS BORDER TRANSFERS
As a global corporation HiperStream has developed global data security practices designed to ensure that Services Data is appropriately protected. Please note that Services Data may be transferred, accessed and stored globally as necessary in accordance with this Services Privacy Policy and the Platform Subscription Agreement.
