Privacy Policy

HEROW Corporation, and its parents and affiliates (collectively “HEROW”, “we”, “us”, or “our”), are committed to keeping any and all personal information collected from individuals that visit our website and who use our products, software and services (collectively, “Services”) confidential, secure and private.

By accessing and using our website and Services, you (“you” or “your”) acknowledge and agree that you accept the policies set forth in this Privacy Policy (the “Privacy Policy”) as a condition of your use of our Services.

If your use of the Services is through or on behalf of an organization or corporate entity, you are agreeing to accept the policies set forth in this Privacy Policy on behalf of such organization or entity, and are representing to us that you are authorized to do so.

HEROW is the “data controller” with respect to other information collected and used as described in this Privacy Policy. This Privacy Policy describes our privacy practices regarding the collection, use, and disclosure of your information through HEROW’s websites.

For the avoidance of doubt, for the purposes of this Privacy Policy, a “Customer” is an entity which has executed an agreement with HEROW. If you are an end user who uses a solution integrating the HEROW SDK (“End User(s)“), please note that the Customer is the responsible party for obtaining the required consents and complying with any applicable laws or regulations. Therefore, HEROW is a “data processor” with respect to any personal data it processes in the context of providing the Services to HEROW Customers.

This Privacy Policy shall be equally applicable to parties that contract with us to deliver advertisements and other information to third parties via our Services (“Customers”), as well as those third parties that receive such advertisements or other information from Customers via the Services (“End Users”).

For the avoidance of doubt, the term “Content” as used herein shall mean any and all content furnished by any Customers and deployed via mobile applications to an End User. Where this Privacy Policy refers to “you” rather than to Customers or End Users, that provision shall be deemed to refer collectively to both Customers and End User.

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data.

“Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdiction.

WHAT INFORMATION WE COLLECT,  WHY WE COLLECT IT AND HOW WE USE IT

HEROW as a Data Controller > Customer Information

We collect and use the following information from Customers to provide, improve and protect our Services; We may collect certain information that Customers specifically and intentionally provide to us.

For example, when a Customer places an order with us, we may collect personal information about you such as the name of your business entity, a contact email address and phone number, and physical address.

When a Customer voluntarily consents to receive our newsletter, we may collect personal information to deliver the newsletter to the Customer. Additionally, as part of our Services, you will have the ability to upload, store and share certain files with us, along with data and information related to them.

We may also collect financial information that you choose to share with us, such as your business entity’s credit or debit card number, billing address, and other billing information. Other unique information that we may collect includes product and service preferences, and contact preferences.

To the extent that an individual, and not a business entity, is a Customer, we may collect all of the belowinformation about the individual Customers, as well as your age, sex, educational and employment background.

To the extent that the Customer is a business entity, the data above may be provided to HEROW by a designated entity within your company (such as a member of your Purchasing/IT/Facility Management department).

For the avoidance of doubt, all information collected from a Customer hereunder shall be known as “Customer Information.”


When you browse or visit our HEROW websites

Specific personal data we collect
  • Cookies, analytic tools and log files
  • We collect information such as your computer browser information, IP address, operating system, date/time stamps, click stream data and type of mobile device
  • For more information regarding cookies, please read our “Cookie policy”
Why is the personal data collected and for what?
  • This data may enable HEROW to figure out how often visitors use parts of the Services.
  • This data helps us determine customer service and Website needs, as well as for internal analytics on visitors’ demographics, interests, and behavior to better understand, protect, and serve users and our community.
  • HEROW may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally.
  • HEROW analyzes your use of the Website with third party software that allows us to monitor and record visitors’ navigation and usage activities in order to better customize and improve our Website, Services and other products.
Legal basis (for GDPR)
  • Consent
  • Legitimate interests
Third parties with whom we share your personal data

3rd party platforms for the following purposes:

  • Analytics tools
  • CRM and marketing automation platforms
Consequences of not providing the personal data

HEROW team can not determine if the information provided on our websites is of value to our visitors.


When you contact HEROW (Customer support, help, contact us, submit a request …)

Specific personal data we collect
  • Full name
  • Email address
  • Company name/App name
  • Attachments
  • Any other information that you decide to provide us
Why is the personal data collected and for what?

HEROW Team needs this data:

  • To process and answer questions in order to provide support (problems solving, bugs or issues)
  • To customize your experience
  • To schedule a demo
  • To send marketing communications
Legal basis (for GDPR)
  • Legitimate interest > HEROW Team responds to a query sent by you
  • Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
Third parties with whom we share your personal data

3rd party platforms such for the following purposes:

  • Marketing communications
  • Logging and following support activity
Consequences of not providing the personal data

HEROW Team:

  • Can’t assist you and respond your query
  • Can’t provide support
  • Can’t customize your experience

When HEROW process your job application

Specific personal data we collect
  • Full name
  • Email address
  • Phone number
  • CV and cover letter
  • Any other data you decide to provide
Why is the personal data collected and for what?

HEROW Team needs this data:

  • To process your job application
  • To assess the candidate
Legal basis (for GDPR)
  • Legitimate interest > HEROW Team needs to assess you as a candidate
  • Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
Third parties with whom we share your personal data

3rd party platform for the following purposes:

  • Storage, hosting / file management systems
Consequences of not providing the personal data

HEROW Team:

  • Can’t process your job application
  • Can’t assess your suitability as a candidate

When you create your HEROW account as a User

Specific personal data we collect
  • Email address
  • Password
  • IP address
  • Geolocation information that is used to confirm compliance with Export Control regulations
  • Country
  • Company name
Why is the personal data collected and for what?

HEROW Team needs this data:

  • To identify the user and offer secure services
  • To create the account
  • To provide access to HEROW services
  • To enable to add HEROW’s functionalities to customer product or service
  • To provide customer with integration and other support assistance
  • To connect the user with a sales person and / or a customer success manager regarding the HEROW product capabilities
  • To customize the content user see
Legal basis (for GDPR)
  • Legitimate interest > You need to create your account to use HEROW
  • Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
Third parties with whom we share your personal data

3rd party platforms for the following purposes:

  • Hosting companies such as Google Cloud Platform
  • CRM and marketing automation platforms
Consequences of not providing the personal data

HEROW Team:

  • Can’t identify the user, offer secure services and for contact details
  • Can’t create your account
  • Can’t provide you access to our services
  • Can’t enable you to add HEROW’s functionalities to your product or service
  • Can’t provide you with integration and other support assistance
  • Can’t connect you with a sales person and / or a customer success manager regarding the HEROW product capabilities
  • Can’t customize the content you see

When you provide HEROW personal data for marketing purposes (Attending an event, filing a form on the website, contacting on social media ..)

Specific personal data we collect
  • Full name
  • Email address
  • Company name
  • Position
  • Phone number
  • Address
Why is the personal data collected and for what?

HEROW Team needs this data:

  • To establish a business connection
  • To send newsletters or other marketing communications
  • To respond to requests and to provide ongoing communication with potential customers who have requested information and for direct marketing.
Legal basis (for GDPR)
  • Depending on the context, legitimate interest or consent.
  • Third parties with whom we share your personal data
  • 3rd party platforms for the following purposes:
    • Analytics tools
    • CRM and marketing automation platforms
Consequences of not providing the personal data

HEROW Team:

  • Can’t establish a business connection
  • Can’t send you marketing communications

When HEROW Team use the personal data of its service providers / suppliers

Specific personal data we collect
  • Full name
  • Email address
  • Company name
  • Phone number
  • Address
  • Any other information that you decide to provide us
Why is the personal data collected and for what?

HEROW Team needs this data:

  • To contact our service providers / suppliers
  • To perform the applicable agreement
Legal basis (for GDPR)
  • Legitimate interest > HEROW needs data to perform the contract or send contract-related communications
  • Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
Third parties with whom we share your personal data

3rd party platforms for the following purposes:

  • Storage, hosting / file management systems
  • Bookkeeping platform
Consequences of not providing the personal data

HEROW Team:

  • Can’t contact its service providers
  • Can’t perform the agreement

When HEROW Team use the personal data of its customers

Specific personal data we collect
  • Full name
  • Email address
  • Company name
  • Position
  • Phone number
Why is the personal data collected and for what?

HEROW Team needs this data:

  • To provide its products and services
  • To perform the applicable agreement
  • To communicate with its customers/clients
  • To send marketing communications
Legal basis (for GDPR)
  • Legitimate interest > HEROW need to send you contract-related communications
  • Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
  • Compliance with a legal obligation
Third parties with whom we share your personal data

3rd party platforms such as for the following purposes:

  • CRM and marketing automation platforms
  • Storage, hosting / file management systems
  • Bookkeeping platform
Consequences of not providing the personal data

HEROW Team:

  • Can’t provide the services and\or our products
  • Can’t perform the agreement
  • Can’t communicate with you
  • Can’t send you marketing communications

HEROW as a “data processor” > End User Information

We may collect certain information that End Users specifically and intentionally provide to us. We collect certain information about End Users when such End Users use the Services using HEROW.

HEROW relies on unique mobile device identifier to collect information about an End User’s location (which includes, without limitation, the End User’s geographical location), the time of day and the device the End User is using to access the Services, the End User’s Internet protocol address, browser type, language, and metrics regarding the End User’s behavior with respect to certain pieces of Content.

For the avoidance of doubt, all information collected from End Users hereunder shall be “End User Information”. HEROW may use the End User Information as set forth herein.

End Users that do not wish to be identified may disable location services of their mobile device or disallow permission to access location for the mobile application installed with HEROW’s SDK. However, this may cause the Services to function improperly or prevent the End User from accessing the Services.


Data collected about End Users through HEROW’s SDK

Specific personal data we collect
  • Device id (iOS)
  • Android id (Android)
  • Location data
  • Wifi mac address
  • Device sensors data
Why is the personal data collected and for what?

HEROW needs this data to provide the services to its  Customers

Please note that if you are an individual End User, it’s our Customer which is legally responsible for the collection, transfer and use of your personal data.
HEROW is providing a service on behalf of the Customer, so you should contact the Customer for any privacy-related questions.
Third parties with whom we share your personal data

3rd party platforms such as for the following purposes:

  • Hosting companies
  • Companies performing services on our behalf
  • HEROWS’s Customer who is the Data Controller of the information.
Consequences of not providing the personal data

HEROW’s Customer will not be able to provide the entire HEROW personalization capabilities to the End User.


DATA ANALYSIS

Raw data from the various data channels, including the iOS or Android channels listed above, is uploaded from an End User’s phone over a secured connection to our servers that analyze the data and identify metrics and contextual information.

HEROW system is able to analyze the raw data gathered and identify real-time situations, and compose behavioral segments.

We may implement analytics programs to track End User engagement with Content. These analytics programs may collect certain information about End Users. We will use such information in accordance with this Privacy Policy, but make no representations or warranties as to the use of this information by our analytics service providers.

HEROW’s Customers are able to consume the data generated by HEROW in three predominant ways:

  • Analytical dashboards – HEROW analytical dashboards showing aggregated data about End Users’ real-world behavior and how they interact with the customer’s application in their real lives.
  • Notification scheduling – Thanks to HEROW, our customers can send notifications to their end-users in a perfect context : at the good location and at the good moment.
  • Insights from the data analysis are sent to the customers via APIs or through integrations with MEPs and CRMs, allowing them to deliver contextually-relevant, real-time interactions and personalized customer experiences, at scale.

OTHER DATA USAGE 

We use aggregated data over several End Users to improve our algorithms, measure service usage, publish summaries online or offline, and to develop new features such as recognizing popular activity routes, areas, and places.

We will not display or otherwise disclose information where individual End Users can be recognized.

Furthermore, our developer team needs to occasionally review raw data and the results for recognized activities/routes/places to improve the system. If this review is necessary, they will only see the unique identifier number with the data.

HOW LONG HEROW KEEP YOUR INFORMATION

When we act as a Data Processor for our Customers we will delete all personal information that it has received from its Customers. In general, we retain personal information for as long as we have an ongoing business need to retain it. Following that period, we will delete it.

When we act as a Data Controller, HEROW will retain Information pertaining to you until we no longer need the information for the purposes described in this Privacy Policy. In the event an End User has requested to delete their data, all personal data will either be deleted or depersonalized.

Please note that we will retain it for a longer or shorter period in accordance with data retention laws. We have an internal data retention policy to ensure that we do not retain your personal data perpetually.

We will retain information collected for direct marketing purposes for a period of three years from their date of collection or our last contact with you, and information collected for performance of our contractual obligations for a period of five years following the end of the commercial relationship. In some circumstances we may store your Personal Information for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Information or dealings.

If you want to receive more information regarding our data retention practices, please make your request by contacting us to dpo@herow.io.

PERSONAL INFORMATION OF CHILDREN

We do not and will not knowingly allow anyone under 13 years of age to provide us any personal identifying information.

Users of the services will be deemed to have full control over their products and user accounts, and must ensure that no children under the age of 13 use our services in any manner which would provide us or any third party with any personal information of a child.

If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.

If you believe that we might have any personal information about a child under age 13, please contact us dpo@herow.io.

ACCESS TO AND CONTROL OF PERSONAL INFORMATION

Customers can access, review and/or update their user profile and settings by sending mail to dpo@herow.io. It will allow the Customers to modify, update, or restrict access to certain information.

THIRD PARTY ACCESS TO YOUR INFORMATION

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us through the website, and we may hire outside contractors to perform maintenance or assist us in securing our website.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our SDK, website or its underlying files or systems.

You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you. Without limiting the generality of the foregoing, you authorize us to collect, share, store, distribute, exchange, analyze, and otherwise use Customer Information in conjunction with the following:

  • To provide Customer Information or End User Information to trusted third parties to help us provide, operate, maintain and improve the Services.
  • To use Customer Information or End User Information to help personalize or improve the Customer’s experience using Services.
  • To use Customer Information to process transactions and assist you in completing a transaction or order.
  • To use Customer Information to keep Customers appraised of HEROW’s latest product announcements, software updates, and upcoming events – however, you can opt out of receiving these messages at any time by updating your profile.
  • To release certain information to our attorneys, accountants and professional advisors in order to help us comply with applicable laws, and to third parties as we deem necessary to enforce our website policies, or protect our rights, property, or safety, and/or the rights, property or safety of others.
  • If HEROW’s sale of all or substantially all of its assets, all information collected hereunder may be transferred as part of such transaction. In such an event, we will notify you of any such transaction, and explain your options.
  • To provide you with the Services, we may store, process and transmit information in locations around the world – including those outside your country. Information may also be stored locally on the devices you or End Users use to access the Services.

CONTENT AND THIRD PARTY WEBSITES

The Services allow certain Customers to deliver certain Content to End Users via mobile applications. Such Content may link to the websites, applications, products, and services of third parties (which third parties may or may not be Customers).

HEROW is not responsible for the practices employed by third party websites linked to or provided through the Services, the Content, or for any information contained therein. Please note that once you leave any website, mobile application, or other instrumentality of the Services, our Privacy Policy is no longer in effect.

End User browsing and interaction with any third party or Customers website, product, or service, including those to which End Users arrive at via Content is subject to that third party’s own rules and policies. Please be sure to read over those rules and policies before proceeding. Additionally, End Users shall be responsible for anything published or shared through such third party websites, and HEROW is not responsible for anything contained therein.

We expect our Customers to use our Services responsibly, and deliver appropriate Content. Accordingly, Content posted by Customers is subject to our Acceptable Use Policy and other content restrictions. If you are an End User and you see any Content which you believe violates this Acceptable Use Policy, please contact us immediately. Notwithstanding the foregoing, HEROW disclaims any responsibility to End Users for Content posted, transmitted, or otherwise disseminated by Customers via the Services.

SECURITY

HEROW uses reasonable security controls to protect your data and information from loss, misuse, unauthorized access, disclosure, alteration and destruction.

The personal information you provide us is stored on computer systems located in controlled facilities which have limited access, and only carefully selected, authorized personnel have access to unencrypted user information.

When collecting or transferring sensitive information such as credit card information, we use a variety of additional security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.

When we transmit sensitive information over the internet, we protect it through the use of advanced encryption techniques, such as the Secure Socket Layer (SSL) protocol, and firewall.

Additionally, as part of real-time payment processing, HEROW may subscribe to fraud management services. These services provide HEROW with an extra level of security to guard against credit card fraud and to protect your financial data. Despite these precautions, no security safeguards guarantee 100% security all of the time, and no guarantees are made with respect to the same.

USERS FROM THE EUROPEAN ECONOMIC AREA

LEGAL BASIS FOR PROCESSING.

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable European Union laws. The legal bases depend on how you use the website or the Services and you will find them in our “WHAT INFORMATION WE COLLECT / WHY WE COLLECT IT / AND HOW WE USE IT” section above. 

HOW TO ACCESS OR CONTROL YOUR INFORMATION

The General Data Protection Directive (GDPR) provides individuals in the EEA certain rights with respect to their information.

These include the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format.  You can exercise these rights by contacting us at dpo@herow.io

The GDPR provides that we may limit or deny your requests in certain cases. For example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we have compelling legitimate interests to keep, including as required by law.  You may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed if you have concerns about your rights.

CCPA – YOUR CALIFORNIA PRIVACY RIGHTS (FOR CALIFORNIA RESIDENTS ONLY)

HEROW do not sell any user information to third party. HEROW customers are the only legitimate owners of their users’ data. 

Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers’ personal information with third parties. These businesses are required to accept requests for disclosures of these policies from customers but are only required to honor one request per calendar year.

Businesses have thirty (30) days to respond to each inquiry to the designated address. Each inquiring customer will receive an explanation of the categories of customer information shared and the names and addresses of any third-party businesses.

In limited circumstances, customers’ failure to submit requests in the manner specified will not require a response from the business.

If you are a California resident, you may request such information from us by sending a letter to the address listed below.

In your letter, please provide your name, address and email address, as well as a request that we provide such information to you, by using the following or similar language, “I request that HEROW provide its third-party information sharing disclosures required by section 1798.83 of the California Civil Code.”

HEROW CORPORATION
188 GRAND STREET
NEW YORK, NY 10013
UNITED STATES
Attn: DPO

OUR CALIFORNIA “DO NOT TRACK” NOTICE

HEROW does not track consumers across third party websites and therefore do not respond to Do Not Track signals.

HEROW also do not use third parties to collect personally identifiable information about an individual consumer’s online activities across different websites when a consumer uses the HEROW Services.

ENFORCEMENT AND DISPUTE RESOLUTION

If you have any questions, complaints or disputes regarding the manner in which we use or protect your information, please contact us using dpo@herow.io. We will investigate and attempt to resolve any complaints and disputes in a reasonable time and in a manner that complies with the principles described in this Policy.

We want to address your concerns without a formal legal claim. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us in accordance with this Privacy Policy. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within ninety (90) days of submission, either you or HEROW may begin formal legal action, subject to the terms of this Privacy Policy.

The validity, performance, construction, regulation and interpretation of this Privacy Policy shall be governed under the laws of France using the French language.

Any dispute that might arise will be subject to the exclusive jurisdiction of the Court of Paris.

CHANGES TO THIS POLICY

This Privacy Policy is effective as of the effective date provided above. We reserve the right to amend and revise our Privacy Policy at any time, with or without notice. For example, we may amend or revise our Privacy Policy to comply with local, state, or Federal laws or to accommodate changes in technology, or to accommodate the needs of our users.

This Privacy Policy may therefore be amended from time to time, consistent with applicable data protection and privacy laws and principles. If we make any material changes to this Privacy Policy, we will post a notice on our website for 30 days from the date of any such material changes.

Last update : 2020/02/07

CONTACTING US

Any questions or complaints about this Privacy Policy should be addressed to dpo@herow.io