Any references to “you” or “your” refer to you, as a user of the Service. References to “we,” “us” and “our” refer to Haystack.
You must be at least 13 years old to use the Services. By using the Services, you represent and warrant that you are at least 13 years old.
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
How the Haystack Service Works
Haystack is an online media service and community whereby users (hereinafter “Users”) may (i) access and view certain textual and audio-visual content (the “Content”) and (ii) curate which Content is presented or displayed to the User based on the User’s interests.
Your Haystack Account
We may provide automatic service alerts and account-related alerts. You can modify your communication preference at any time. Account–related alerts are sent to you as part of Haystack's service. Alerts will be sent to you via push notification alerts to your mobile and web devices, and/or to the email address you have provided as your primary email address for Haystack. Text notifications may also be available to you in the future. If your email address changes, you are responsible for informing us of that change. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
You may terminate your account at any time as described in the Termination section below. Furthermore, we reserve the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.
Haystack TV Premium
You may cancel your Haystack TV Premium subscription at any time via your Account Settings, however you shall not be entitled to a refund of any subscription fees paid up until the point of cancellation.
Your Use of the Service
Some of the Content may be considered inappropriate for those under the age of 18. Parental discretion is advised for all users of the services under the age of 18.
The Haystack service, including all Content included on the Service and user interfaces, or delivered to Users as part of the service, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of either Haystack or its licensors, as applicable, and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. Content shall not be reproduced or used without express written permission from Haystack or its licensors, as applicable.
Haystack reserves the right to terminate your membership hereunder if Haystack, in its sole and absolute discretion, believes that you are in violation of Haystack’s restrictions against unauthorized copying or use of our proprietary content in violation of the copyrights of Haystack or its licensors, as applicable. Haystack does not promote, foster or condone any infringing activity. The use of the Haystack service, including Content made available to you by us, is solely for your personal and non-commercial use.
If you discover any Content on the Service that you believe infringes your copyright, please provide written notification to us which includes the following information: (1) a statement that you have identified the Content on Haystack that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; (2) a description of the copyrighted work(s) that you claim have been infringed, (3) a description of the Content that you claim is infringing and a description of where such Content can be located, (4) your full name, address and telephone number, a valid email address at which you can be contacted, and your Haystack user name, if any, (5) a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law, and (6) a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: (1) with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and (2) your electronic or physical signature (which may be a scanned copy). Your notice should be sent to us by email to email@example.com . You may also contact us by mail at:
Attention: Copyright Agent
Haystack TV, Inc
95 3rd St
San Francisco, CA 94103
Blocking and Removal of Content
Third Party Websites, Services and Services
The Service may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, Services, or products or services (hereinafter “External Services”).
Haystack does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise displaying information from or providing access to any External Services, Haystack does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. Haystack disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Haystack with respect to the content or operation of any External Services.
From time to time, you may choose to communicate or interact with, or obtain External Services of or from, advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Service or a hyperlinked site, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
You may terminate this Agreement at any time by emailing us at firstname.lastname@example.org with a request to delete your User Profile, and thereafter ceasing to use the Service. Simply deleting the Service from your mobile or television device will not effectively terminate this Agreement.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account, may be irretrievably deleted by Haystack, except to the extent that we are obliged or permitted to retain such Content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Haystack assumes no liability for any material that is irretrievably deleted following any termination of your account.
Disclaimers of Warranties and Limitations on Liability
THE HAYSTACK SERVICE, INCLUDING THE APPLICATION AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE HAYSTACK SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE HAYSTACK SERVICE, THE SERVICE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. HAYSTACK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE HAYSTACK SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT HAYSTACK MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE HAYSTACK SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the Content delivered by the Haystack service or on the Service or user interfaces; (ii) recommendations or advice of Haystack customer service representatives; (iii) any failure or interruption in the availability of the Haystack service and/or website or user interfaces, (iv) delivery and or display of any Content contained on the Service, user interfaces, or otherwise through the Haystack service; and (v) any losses or damages arising from the use of the Content provided on the Service, user interfaces, or otherwise through the Haystack service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Haystack’s customer service representatives, optical media discs or any conduct by users of the Haystack service, the Service or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via the Service is accurate, complete or current. We do not make any representations with respect to the Content or the descriptions of any Content contained on the Service and user interfaces. We do not represent or guarantee that your use of the Haystack service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Haystack or its affiliated parties.
Assignment to Third Parties
Haystack may assign, license, or sub-license its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Haystack. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Haystack.
If you elect to seek arbitration, you must first send to Haystack, by certified mail, a written Notice of your claim (“Notice”). If Haystack elects to seek arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Haystack, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Haystack and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Haystack may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Haystack or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to Haystack. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Haystack and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Haystack’s last written settlement offer made before an arbitrator was selected (or if Haystack did not make a settlement offer before an arbitrator was selected), then Haystack will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND HAYSTACK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Haystack agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Effective as of January 1, 2020
User Age Restrictions
Haystack is not intended for use by children. Anyone under the age of 13 is not permitted to use the Service and must not attempt to register an account or submit any Personal Information to us. We do not knowingly collect any Personal Information from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such data, please notify use immediately at email@example.com .
What Personal Information Does Haystack Collect?
The Personal Information we gather from our Users enables us to personalize and improve our services and to allow our Users to set up a user profile (“User Profile”) if they wish to do so. We collect the following types of information from our Users:
Personal Information You Provide to Us
In order to create a User Profile you must connect through third party platforms, such as through your Facebook or your Google account (each a “Third Party Platform”). Such Third Party Platforms will provide us with information about you described in Personal Information Collected From Other Sources below. Furthermore, in the event that you opt in to a Haystack TV Premium subscription, you will also be required to either (i) provide credit card information and a valid billing address or (ii) link your User Profile to your Google Pay, Apple Pay, or PayPal account.
You may choose, at your discretion, to provide additional Personal Information to Haystack, such as your interests. This information is not mandatory, and any information you provide may be deleted, edited, amended, or changed at any time. For more information, please see the Access, Choice and Control section below.
You will also provide certain Personal Information if you open an email or similar digital communication from Haystack, or contact us via email or other communication (including, but not limited to, mail, fax, phone, or other offline means). Haystack uses this information to make our communications more interesting and helpful and to improve our Service. If you do not wish to receive email or other communications from us, please see the Access, Choice and Control section below.
Personal Information Collected Automatically
We receive and store certain types of information as a result of your interaction with our Service, or through the use of web analytics services as described in our Cookies and Similar Technology section. Haystack automatically receives and records information on our server logs from your browser including:
Personal Information Collected From Other Sources
In the event you connect your accounts from a Third Party Platform, such as Facebook or Google, to the Service, then we will receive certain information, which information may be used to instantly personalize your account with the Service. The information that Haystack may access, collect and store may include the following, among other information, as allowed by you, by the third party API (for example, Facebook’s API):
The privacy practices of Third Party Platforms are not governed by this Privacy Notice. We encourage you to review the privacy policies of these third-party websites and services to understand their practices.
Cookies and Similar Technology
We also allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. We, and these Advertisers, may use both first and third party cookies to inform, optimize and serve advertisements based on your use of the Service and any demographic information collected through your use of the Services. For example, we might use the fact you are located in a specific city to show you advertisements targeted to that city.
To do so these advertisers may place or recognize a unique “web beacon” on your browser or device (including through the use of pixel tags). These web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. The web beacons also enable ad networks to serve targeted advertisements to you when you visit other sites, or re-target you on our site. Because your web browser or device must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own web beacons, just as if you had requested a web page from their site. You may be able to opt-out of web beacon tracking by adjusting the settings on your browser or device. For instance many devices have a “Do Not Track” setting that you can be turned on.
Some of these advertisers, advertising technology companies, and service providers that perform advertising-related services for us and our business partners may be members of the Network Advertising Initiative ("NAI"), a cooperative of online marketing companies that offers a centralized tool for opting out of behavioral advertising delivered by each of its member companies. See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about interest-based advertising and how to opt-out from ads served by some or all participating companies.
These opt-out mechanisms rely on cookies to remember your choices. If you delete your cookies or web beacons, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests.
How Does Haystack Use the Personal Information We Collect?
Personal Information about our Users is an integral part of our business. Haystack uses the Personal Information that we collect about you for the following purposes:
Your Personal Information is also used for the following general purposes:
How Does Haystack Share Your Personal Information?
There are circumstances where we need to share some of the personal information we collect about you or which you provide to us:
Haystack endeavors to protect User account information to ensure that account information is kept private, however, Haystack cannot guarantee the security of User account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
Retention, Access, Choice and Control
You can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Service. You are able to add or update certain information in your account settings, as well as on User Profile. When you update your information, however, we often maintain a copy of the unrevised information in our records. You can unsubscribe from email newsletters and notifications (other than essential email notifications) at any time by clicking on the link at the end of each email.
As a Haystack User, you have the right to review and obtain a downloadable copy of your Personal Information from Haystack, to request corrections to your Personal Information, and to request deletion of your Personal Information from Haystack. You may also withdraw your consent to receive e-mail communications from us at any time. You may withdraw your consent to our collection, use, and sharing of your Personal Information at any time by sending an e-mail request to firstname.lastname@example.org.
Deleting Your Account
You may terminate this Agreement at any time by deleting your User Profile (if applicable), and thereafter ceasing to use the Service. Simply deleting the Service from your mobile device will not effectively terminate this Agreement. If you ask us to delete your User Profile, we will do so within a reasonable period of time.
Once your account has been terminated, any and all information within your account will be irretrievably deleted by Haystack, except to the extent that we are obliged or permitted to retain such data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Haystack assumes no liability for any material that is irretrievably deleted following any termination of your account.
Merger or Sale
In the event that Haystack TV, or some or all assets related to the Services are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event, including in the course of diligence.
Questions or Concerns
If you have any questions or concerns regarding privacy at Haystack, please send us a detailed message to email@example.com . We will make every effort to resolve your concerns.
Notice to California Residents Only
If you are a California resident, the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”) and other applicable California state privacy laws. Beginning January 1, 2020, the CCPA gives you certain rights with respect to the processing of your personal data (known as “personal information”, as described in under the CCPA).
In particular, California residents have the following rights:
California residents who are 16 years of age and older have the additional right:
In particular, we have collected the following categories of personal information from consumers
within the last 12 months:
|Category||Information We Actually Collect||Collected|
|Identifiers.||We collect names, alias, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.||YES|
|Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||Some personal information included in this category may overlap with other categories. If you are member, we may collect all or part of your name. If you are a premium member, we may collect your billing address and partial (but not full) debit card numbers and/or credit card numbers.||YES|
|Protected classification characteristics under California or federal law.||None||NO|
|Commercial information.||We collect records of purchases of premium subscriptions.||YES|
|Biometric Information||We collect behavioral information, such as keystrokes, links, screens, and videos accessed by you from our service, which device you are using to access our service.||YES|
|Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.||YES|
|Geolocation data.||We collect the physical location of users in order to serve locally relevant content and ads.||YES|
|Professional or employment-related information.||None||NO|
|Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||None||NO|
|Inferences drawn from other personal information.||Profile reflecting a person’s news preferences||YES|
We obtain the categories of personal information listed above from the following categories of sources:
Exercising Your California Privacy Rights
California residents can exercise the above rights themselves, or designate and authorized agent to make requests on their behalf. To either exercise your rights or to have an authorized agent request to do so, please email us at firstname.lastname@example.org and provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include: your name, user id, email, or billing address.
If you want to make a request, but do not have an account with us, we will ask you for information which we consider necessary to verify your identity for security and to prevent fraud. This information may include name, contact information, and information related to your transaction or relationship with us, but the specific information requested may differ depending on the circumstances of your request for your security and to protect privacy rights. If we delete your personal information, we will both cause certain personal information about you to be permanently unrecoverable and also deidentify certain personal information.