HELICASE AND FLYKITT CONDITIONS OF USE AND PRIVACY NOTICE

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Conditions of Use

Last updated: February 20, 2019

This is an agreement between you “you” or “the Customer” and Helicase LLC (with its affiliates, "Helicase" or "we"), who together may be referred to as “Both Parties”. Before using our Flykitt Program, please read these Terms of Use, the Helicase Privacy Notice (below), and the other applicable rules, policies, and terms posted on the flykitt.com website or in any package or kit you receive from Helicase or our Partners (collectively, this "Agreement"). By using the Flykitt Program, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Flykitt Program.

For the purpose of these Conditions of Use:

“Flykitt Program” or “Program” means Helicase' services to improve performance around jet lag and flights, which includes digital content, software, physical items, and support and other related services, to include Flykitt Kits and Flykitt Schedules.

"Flykitt Kit” or “Kit” means the physical components provided for use during the service, which may include dietary supplements, food, glasses, and other items, but which does not include physical copies of the Flykitt Schedule, should one or more be provided.

"Flykitt Schedule" or “Schedule” means the instructions for carrying out the Flykitt Program, whether in electronic or physical format.

"Software" means all software that we make available to you for use in connection with Helicase Products and Services.

“Partner” or “Partners” mean companies or organizations with whom Helicase has a business relationship, to include content providers and resellers of our products and services, whether those products or services were purchased directly from Helicase or from another party.

"Third Party Service" or “Third Party Product” means any service, application, or product provided by a third party that we recommend for use during the Program, either directly, such as a recommended food item, or indirectly, such as restaurants you may choose to eat at when we recommend that you eat.

1. Flykitt Program

1.1. Flykitt Program. A Flykitt Kit and a Flykitt Schedule are required to use the Flykitt Program.

1.2 Use of Flykitt Programs. Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Helicase or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Flykitt Programs. YOU MAY ONLY USE EACH SCHEDULE ONE TIME. You may only use a Schedule with a Kit provided by Helicase, and you may only use a Kit with a Schedule provided by Helicase. This license does not include any resale or commercial use of Flykitt Programs or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Flykitt Programs or their contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

You will not share the Flykitt Program or any of its parts, physical or digital, with any third party. In the event that you receive a subpoena or other validly issued administrative or judicial process demanding details or parts of the Flykitt Program, you shall promptly provide Helicase with notice of these requests or requirements before making a disclosure so that Helicase may seek an appropriate protective order or other appropriate remedy, and you shall provide reasonable assistance to Helicase in obtaining any protective order. If a protective order or other remedy is not obtained or Helicase grants a waiver under this agreement, you may furnish that portion (and only that portion) of the Flykitt Program that, in the written opinion of counsel reasonably acceptable to Helicase, you are legally compelled or otherwise required to disclose. However, you shall make reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to any part of the information or items disclosed or provided in this way.

All rights not expressly granted to you in these Conditions of Use are reserved and retained by Helicase or its licensors, suppliers, rightsholders, or other content providers. Flykitt Programs may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Helicase. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Helicase without express written consent. You may not misuse Flykitt Programs. Flykitt Programs may only be used as directed. You may use Flykitt Programs only as permitted by law. The licenses granted by Helicase terminate if you do not comply with these Conditions of Use.

1.3 No Reverse Engineering or Further Use. You may not reverse engineer or tamper with Flykitt Programs or bypass any security associated with the associated websites or any software, whether in whole or in part. You may not incorporate any portion of the Flykitt Program into other programs, products, or services, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license any parts of the Flykitt Program in whole or in part.

1.4 Your Account. You may need your own flykitt.com account to use Flykitt Programs, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may not use an account on flykitt.com or any related website. Helicase reserves the right to refuse service, terminate accounts, terminate your rights to use Flykitt Programs, remove or edit content, or cancel orders in its sole discretion.

1.5 Delivery. Helicase will make commercially reasonable efforts to provide you with the Flykitt Program elements you have purchased by the date indicated during purchase, during communication with customer service, or otherwise. However, these delivery dates are not guaranteed under any circumstances.

1.6 Updates. We may offer updates to Flykitt Programs at any time and without notice to you.

1.7 Not a Medical Product or Service. You expressly understand and agree that the information, materials, documents, and data provided by Helicase as part of the Flykitt Program are intended for enjoyment purposes only. They are not intended and should not be construed as the delivery of specific medical care or advice. Persons requiring diagnosis or treatment for an illness should consult their personal physician. Individuals requiring specific nutrition advice should consult directly with a registered dietitian.

1.8 Consult a Physician before Use. YOU AGREE TO SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO USING THE FLYKITT PROGRAM AND TO RECEIVE ANSWERS TO ANY MEDICAL QUESTIONS OR CONCERNS YOU HAVE REGARDING THE FLYKITT PROGRAM OR ANY NUTRITION, HEALTH, MEDICAL CONDITION, FOOD, BEVERAGE, SUPPLEMENT, AND NUTRIENT OR DRUG INTERACTION FROM YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE PROVIDER. ANY INDIVIDUAL WITH A SERIOUS HEALTH CONDITION, INCLUDING SEVER LIVER CONDITIONS, END-STAGE RENAL DISEASE, OR ANY GALL BLADDER DISEASE, WHO IS PREGNANT, WHO IS TAKING PRESCRIPTION BLOOD THINNERS, WHO HAS ANY SERIOUS ALLERGIES TO FOOD OR DIETARY CUPPLEMENTS OR THER INGREDIENTS, OR WHO IS UNDER 18 YEARS OF AGE MAY NOT USE A FLYKITT PROGRAM UNDER ANY CIRCUMSTANCES WITHOUT THE EXPRESS REVIEW AND APPROVAL OF A QUALIFIED MEDICAL PROFESSIONAL.

Helicase cannot provide medical advice. The Flykitt Program and information provided on Helicase’ websites, including flykitt.com, is based on published research and does not necessarily take into account any person’s particular health status, nor is it a substitute for personal medical care. Nutritional supplements with a scientific basis in published research may be recommended as part of the Flykitt Program. However, food is the preferable carrier of nutrients in most instances. Information about performance and health matters changes constantly as new studies are done and new treatments are discovered. Helicase provides no warranty that it has integrated all available data and research.

1.9 No Guarantee of Results. Helicase does not guarantee the results of Flykitt Programs.

1.10 Providing Programs to Others. Should you provide a Flykitt Program or other Helicase Product or Service to another person, whether you work for the same organization or not, you must ensure the information provided to customize the Product or Service comes directly from the intended user. The user of the Flykitt Program must read and agree to this Agreement before using a Flykitt Program or any other Helicase Product or Service, and YOU MUST NOT PROVIDE ANY INDIVIDUAL A KIT OR SCHEDULE WITHOUT THEIR HAVING READ AND AGREED TO THIS AGREEMENT.

1.11 Functionality; Content. We do not guarantee that Flykitt Programs or their functionality or content (including recommendations for dietary supplements and included flight times) are accurate, reliable, or complete. You agree to always confirm that flight times are correct and that you have no allergies or other reason not to consume any Kit items or to follow any Schedule recommendations, even if you have previously provided this information to Helicase. Some recommendations may not be possible at the indicated times or at the indicated locations. You may encounter recommendations that you find objectionable. Helicase has no liability for such content.

1.12 Changes to Flykitt Programs; Amendments. We may change, suspend, or discontinue Flykitt Programs, or any part of them, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Flykitt.com website. Your continued use of Flykitt Programs after the effective date of the revised Agreement constitutes your acceptance of the terms.


1.13 Geographic Considerations and Restrictions. YOU ARE RESPONSIBLE FOR ENSURING THAT THE FLYKITT PROGRAM AND ALL OF ITS CONSTIUTENT PARTS ARE LEGAL IN WHATEVER JURISDICTION YOU PLAN TO ENTER WITH A KIT, SCHEDULE, OR ANY OTHER PART OF A PROGRAM. FOR EXAMPLE, DIFFERENT JURISDICTIONS HAVE DIFFERENT LAWS AND REGULATIONS REGARDING DIETARY SUPPLEMENTS AND THEIR USE. IF WE PROVIDE ANY PART OF A PROGRAM FOR A GIVEN TRAVEL ITINERARY, IT DOES NOT GAURANTEE THAT FLYKITT PROGRAMS ARE LEGAL OR ALLOWED IN THE DESTINATION, LAYOVER, OR OTHER JURISDICTIONS. YOU ARE SOLELY RESPONSIBLE FOR ASCERTAINING WHETHER FLYKITT PROGRAMS ARE ALLOWED WHERE YOU GO. We may also restrict the use of Flykitt Programs in some locations.

1.14 Third Party Services. If you use a Third Party Service, you are responsible for any information you provide to the third party, including the responsibility to protect information as stated in the Agreement. Helicase has no responsibility or liability for Third Party Services. Third Party Service providers may change or discontinue their offerings or features of their Third Party Service.

1.15 Third Party Products. Helicase may recommend third party products that it does not manufacture, develop, or sell. Helicase may also sell third party products. Helicase has no responsibility or liability for such third party products, regardless of whether they were purchased from Helicase.

2. General

2.1 Information. Your interactions with Helicase’ websites, software, or personnel will provide us with information about your lifestyle, preferences, work, and travel. This information may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Helicase Privacy Notice, which is included on this page. Please review the Privacy Notice to understand our practices.

2.2 Product Descriptions. Helicase attempts to be as accurate as possible. However, Helicase does not warrant that product descriptions or other content of Flykitt Programs is accurate, complete, reliable, current, or error-free. If a product or Service offered by Helicase itself is not as described, your sole remedy is to return it in unused condition.

2.3 Pricing. We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Helicase is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

2.4 Sanctions and Export Policy. You may not use any Helicase Product or Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using a Helicase Product or Service. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

2.5 Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, Helicase may immediately revoke your access to Flykitt Programs without refund of any fees. Helicase’ failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

2.6 Electronic Communications. When you use send e-mails, text messages, and other communications from your desktop, mobile device, or telephone to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, phone calls, or notices and messages on flykitt.com or a related website, and you can retain copies of these communications for your records You agree to receive automated text messages and calls from Helicase. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2.7 Intellectual Property. You agree that all ideas, know-how, methods, processes, information, documents, models, inventions, plans, copyrightable material and other tangible and intangible materials (“IP and Other Related Materials) used, authored, prepared, created, delivered, conceived or reduced to practice, in whole or in part, by Helicase before and in the course of providing Flykitt Programs to you or others, including without limitation instructional and educational materials, presentations, designs, plans, Flykitt Programs, data, and documentation, shall be and remain the sole property of Helicase, regardless of whether communications from you, data provided by you, or any other actions you take in the course of interacting with Helicase inform, influence, or benefit the development of this IP and Other Related Materials. In addition, the techniques, processes, forms, and general business and industry knowledge and information utilized by Helicase in providing or developing Flykitt Programs shall remain the property of Helicase, including such techniques, methods, processes, forms, knowledge and information developed or acquired before or during the course of providing Flykitt Programs.

All content included in or made available through any Helicase source, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Helicase or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Helicase source is the exclusive property of Helicase and protected by U.S. and international copyright laws.

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Helicase source, including Flykitt Programs, may be trademarks or trade dress of Helicase in the U.S. and other countries. Helicase’ trademarks and trade dress may not be used in connection with any product or service that is not Helicase’ in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Helicase. All other trademarks not owned by Helicase that appear in any Helicase source are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Helicase.

One or more patents owned by Helicase may apply to Flykitt Programs and to the features and services associated with them. Portions of Flykitt Programs may operate under license of one or more patents.

2.8 Change of Control. In the event that Helicase LLC converts to, merges with, or is acquired by another legal entity, you agree that Helicase can transfer the rights and responsibilities of this Agreement to the surviving legal entity, including the ability to use data as set out in Helicase Privacy Notice. You also agree to treat this Conditions of Use as between yourself and the surviving legal entity.

2.9 Disclaimer of Warranties and Limitation of Liability. HELICASE LABS PRODUCTS AND SERVICES, TO INCLUDE FLYKITT PROGRAMS, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY HELICASE LABS OR OUR PARTNERS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS OTHERWISE SPECIFIED IN WRITING.

HELICASE LABS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF HELICASE LABS PRODUCTS AND SERVICES, TO INCLUDE FLYKITT PROGRAMS, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY HELICASE LABS OR OUR PARTNERS, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF HELICASE LABS PRODUCTS AND SERVICES, TO INCLUDE FLYKITT PROGRAMS, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY HELICASE LABS OR OUR PARTNERS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HELICASE LABS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

HELICASE LABS AND OUR PARTERS MAY USE EMAIL AND CLOUD SERVICES WHILE PROVIDING HELICASE LABS PRODUCTS AND SERVICES, TO INCLUDE FLYKITT PROGRAMS, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY HELICASE LABS OR OUR PARTNERS, INCLUDING WHILE USING YOUR PERSONAL DATA. WE AGREE TO USE COMMERCIALLY REASONABLE EFFORTS, IN ACCORDANCE WITH OUR PRIVACY NOTICE TO PROTECT YOUR DATA, INCLUDING FROM PHYSICAL OR ELECTRONIC INTRUSTION OR THEFT, SUCH AS ‘HACKING.’ YOU AGREE THAT THE USE OF INDUSTRY STANDARD PROTECTIONS, SUCH AS THOSE PROVIDED BY GOOGLE APPS FOR BUSINESS AND WIX, IN ADDITION TO THE USE OF STRONG PASSWORDS AND LOCAL ENCRYPTION, RESPRESENTS A REASONABLE DEGREE OF CARE AND DUE CARE.

HELICASE LABS DOES NOT WARRANT THAT HELICASE LABS PRODUCTS AND SERVICES, TO INCLUDE FLYKITT PROGRAMS, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY HELICASE LABS OR OUR PARTNERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, HELICASE LABS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF ANY HELICASE LABS PRODUCT OR SERVICE, TO INCLUDE FLYKITT PROGRAMS, OR ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR THIRD PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY HELICASE LABS OR OUR PARTNERS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TERMS IN IN THIS SECTION, AND UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF FLYKITT PROGRAMS EXCEED FIFTY DOLLARS ($50).

2.10 Disputes. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF HELICASE LABS PRODUCTS OR SERVICES, TO INCLUDE FLYKITT PROGRAMS, OR ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR THIRD PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY HELICASE LABS OR OUR PARTNERS will be DECIDED by CONFIDENTIAL, binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. an arbitrator MUST ALSO follow the terms of THE AGREEMENT as a court would.

Arbitration will be administered by JAMS or its successor organization (“JAMS”) in accordance with JAMS’ then-current Comprehensive Arbitration Rules and Procedures for commercial contracts (except to the extent such rules are inconsistent with the terms hereof). The parties agree that the arbitration shall take place in Arlington, VA and shall be conducted before a single neutral arbitrator.  The parties shall mutually agree on an arbitrator, provided that if the parties cannot agree on an arbitrator within ten (10) days, each party will submit to JAMS a list of no more than three (3) potential arbitrators nominated by that party and JAMS will choose a single arbitrator from among the potential arbitrators identified in such lists.  In rendering the award, the arbitrator shall apply the governing law set forth herein, except where that law conflicts with this clause and except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act.

The award entered or decision made by the arbitrator shall be final and non-appealable.  The arbitrator shall be empowered to award the prevailing party any remedy available at law or in equity not specifically precluded by this Agreement, including without limitation injunctive or declaratory relief.  You agree not to disclose the existence, conduct, and content of any arbitration hereunder, except as required by law. We may disclose the existence, conduct, and content of arbitration to potential investors, partners, or other parties. However, either party may disclose an arbitration award to a court if the other party does not make a good faith effort to comply with the results of the arbitration or the terms of any award in a reasonable period of time.

Helicase and the Customer agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Both Parties waive any right to a jury trial. Both Parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Helicase’ corporate address.

2.11 Applicable Law. By using any Helicase Products or Services, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, and the Federal Arbitration Act, where relevant, will govern this Agreement and any dispute of any sort that might arise between you and Helicase.

2.12 Policies, Modification, and Severability. Please review our other policies, such as our Privacy Notice, posted on this site. These policies also govern your use of Helicase products and services, to include Flykitt Programs, and all information, content, materials, software, and third party products and services made available to you by Helicase or our partners. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

2.13 Contact Information. For help with Flykitt Programs or resolving other issues, please contact Customer Service by e-mail at info@flykitt.com.

If you have a subpoena or other legal document to serve on Helicase, please note that Helicase does not accept service via e-mail or fax and will not respond to the subpoena or other legal document. All subpoenas or other legal documents must be properly served on Helicase, preferably by mailing the subpoena to Helicase at BOTH our corporate and headquarters addresses.

Our corporate address is:

Helicase LLC

1001 19th ST N STE 1200

Arlington, VA 22209

Our headquarters address is:

Helicase LLC

1001 19th ST N, STE 1200

Arlington, VA 22209

Privacy Notice

Last updated: May 23, 2018

This policy describes Helicase’ practices regarding personally identifiable information and data (“personal information”). This policy applies to our websites, applications, email and text messages, information collected in person or over the phone, and social media accounts (the “Platforms”).

By visiting or using the Platforms or by using or interacting with Helicase Products or Services, to include Flykitt Programs, and any information, content, materials, software, or third party products and services made available to you by Helicase or our partners, you are accepting the practices described in this Privacy Notice.

Our Products and Services are rapidly evolving, so we have included policies to cover areas where we may not be currently collecting information or ways in which we may not be using information, but we may start in the future. As such, you may see language, such as “we may” discussing some types of data and how we handle your data. Our goal is to be transparent with you and also to have policies in place that cover evolving activities, although this Privacy Notice may also change. Should we begin to collect data or use it in a manner described in this Privacy Notice, where we were not doing so previously, the clause covering that type of data or usage will be applicable when we begin doing so, and we will not necessarily modify this Privacy Notice or provide you a notification of the change.

The categories of Personal Information we collect

When you visit the Platforms, we may collect information from you. Some of it may be personal information. This information may include search history, IP address, screen resolution, browser used, operating system and settings, access times and referring URL. If you are using a mobile device, we may also collect data that identifies your device, your settings and your location.

If you buy a product or service via the Platforms, we may need additional information from you. This information can include your name, age, birthday, gender, email address, telephone number, credit card information, billing address, travel itinerary, lifestyle choices and habits, and other travel information that may be included in documents or other forms of information you provide to indicate your flight information or for other purposes. You may also be able to store personal information in your user account for future use.

If you choose to register, we will collect your email address, password and potentially other preference information you provide us. If you choose a third-party service, like Facebook Login, to register or login, you are permitting us to use and store information related to your linked accounts.

If you purchase products or services via the Platforms, we automatically create a digital or physical file so that we have your preferences and other information for future use.

When you give us personal information, you are telling us that the information is true, accurate, complete and current. You are also telling us that you have the authorization to provide it to us.

How we collect your Personal Information

We collect your personal information directly from you. For example, when you provide lifestyle and habit data for the customization of Flykitt Programs.

We may also collect your personal information passively. For example, we may collect information about you over time and across different Web sites when you visit the Platform. We may also use tracking tools like cookies and beacons. To learn more about these tools and how to control them, see below.

We collect your personal information from third parties. This can include when you log in using a third party platform, such as Facebook. In addition, we may also integrate third party software (i.e. Google’s Invisible CAPTCHA) that collects information about users for security reasons.

Platform features may make use of your device attributes and settings that will allow us to determine your physical location. Such technologies may include IP address mapping, WiFi, GPS signals, cell tower positioning or other technologies. We may use this information to enhance and personalize your experience and provide you with offers and services that may be of interest to you. For example, we may suggest that it’s time to buy your next Flykitt Program. Helicase does not have control over your device settings, but we do recommend enabling location services on your device so you can take advantage of the location based features and functionality, should they be offered.

Why We Use Your Personal Information

We use it to provide you products and services, including ones tailored to you, to improve our Platforms, products, and services, to develop new Platforms, products or services, to better understand the users of our Platforms, products, and services, to protect our property, and to prevent damage to the Platforms.

We use it to process your purchases of products or services, to customize those products or services, and to store your information for you and for us to access.

We may use it to display more relevant advertising and recommendations, or suppress advertising and content that you might find irrelevant.

We use it to contact you, which may include the following ways:

·      To send information about products and services, including Flykitt Programs;

·      To send alerts and notifications you have subscribed to, including to your mobile device;

·      To solicit reviews;

·      To get in touch if you contact Helicase customer service;

·      To send you information servicing and administrative emails;

·      To send you marketing emails regarding our products and services or those of our partners, if you have opted-in to receive emails from us or have transacted with us, and as permitted by law.

Your Choices

You can manage your communication preferences by emailing comms@flykitt.com. Marketing emails may also have an opt-out URL. You can unsubscribe from such communication at any time by following that link, if available, or emailing us. You cannot unsubscribe from servicing emails and administrative messages that are considered part of your account membership, unless you cancel your account by emailing us at accounts@flykitt.com.

How We Share Your Personal Information

We may share your personal information with our corporate affiliates and with third parties for our legitimate business purposes as permitted by law. For example, we may share your personal information with suppliers who perform services on our behalf. We do not sell access to your identifiable personal information. We do not provide your personal information to any third parties who are not bound by agreements restricting their ability to use this information for purposes other than enabling us to provide products and services.

If you buy products or services through the Platforms, we may share your personal information with the payment service providers, any third-party vendors involved, and members of any group or corporation with which you are affiliated, should that affiliation be relevant to the purchase. This may include drop shippers, human resource organizations, and corporate travel companies or division. These third parties will process your personal information in accordance with their own privacy policies.

 

We may also share your information as otherwise described to you at the time of collection. For example, if you provide information to enter a sweepstakes, we may share your information with the promotional partners.

If Helicase itself (or part of its business) is sold or otherwise changes control, the new owners would have access to your personal information for the uses set out herein.

If you provide us a review of our products or services, you authorize us to publish it on all our Platforms under the screen name you provided. You also authorize us to aggregate it with other reviews.

We may disclose personal information if required by law, for example to law enforcement or other authorities. This includes court orders, subpoenas and orders arising from legal processes and administrative or criminal investigations. We may also disclose your personal information if the disclosure is necessary for the prevention, detection, or prosecution of criminal acts or to prevent other damage or in response to a legal action or to enforce our rights and claims.

We may also share anonymous aggregated usage information with others for any legitimate business purpose.

How We Store and Protect Your Personal Information

Our computers, servers, data centers, and service providers may be located in the U.S. or another country. We also use cloud computing and storage services, including Google Apps, which may have servers worldwide. By providing us personal information, you agree that your personal information may be transferred to and stored in the U.S. or in other countries. These countries may have different and/or less stringent privacy/data protection and data security rules than those of your own country. As a result, your personal information may be subject to access requests from governments, courts, or law enforcement in those countries according to laws in those countries. Subject to the applicable laws in such other countries, we seek to maintain protection of your personal information, but this may not be practicable for legal or business reasons.

Helicase has a security program intended to keep the personal information stored in our systems protected from unauthorized access and misuse. We use systems with standard protections, such as those provided by Google Apps for Business, Wix, 123 Form Builder, and 2 Checkout. We use two-factor identification and strong passwords where practicable on electronically accessible accounts, such as email accounts, and anti-virus software on computers.

Cookies and Tracking Tools

Helicase may use cookies and tracking tools. To learn more, including how we respond to “Do not track” signals see below.

Other Websites

If you click through to third party websites or other platforms, Helicase’ privacy policy does not apply.

Children

Helicase does not knowingly collect personal information from minors. If we become aware that a minor is attempting to submit personal information, we will remove this information from our records. If you are the parent/legal guardian of a minor who has given us personal information, please contact us so we can delete it.

Changes to the Privacy Notice

We may modify this Privacy Notice at any time and without prior notice. We will notify you of material changes to how we use your personal information that is already in our system prior to implementing them. We may notify you about such a material change by email or a notice on our website. For any information added after the Privacy Notice changes, you will not receive a notification. By using our products, services, and Platforms after we post these changes, you indicate that you accept them.

Accessing and Rectifying your Personal Information

You can delete your account and the information contained in it at any time by emailing 

You are entitled at any time to obtain information about your personal information that we store, in accordance with applicable law and without any fee. However, in cases where there are large amounts of data, old data, or where data are difficult to find or access, we ask you to pay a reasonable fee before we provide the information if permitted by applicable law. We may request proof of your identity before providing this information. We may not be able to allow you to access certain personal information in some cases. For example, if your personal information is connected with personal information of other persons, or for legal reasons. In such cases we will provide you with an explanation why you cannot obtain this information. You can also withdraw your consent to the use of your personal information at any time by contacting us at the address below. You can demand deletion or rectification of your personal information, however, statutory provisions, especially those affecting Helicase’ accounting, processing of claims, and mandatory data retention, may prohibit deletion or anonymization. There may be a delay in deleting your personal data due to the technical requirements of accomplishing this task.

To exercise your rights, or if you have questions about our privacy practices or need assistance with exercising or understanding your privacy choices, please contact us at info@flykitt.com or you may write to:

 

Helicase

ATTN: Privacy Team

1001 19th ST N, STE 1200

Arlington, VA 22209

 

Cookies and other tracking tools

Helicase may use tracking tools such as cookies

We (or our suppliers) may use several common tracking tools. We may use these tools to collect usage and demographic information about you over time and across different web sites when you use our Platforms. We may also have third parties (e.g. advertisers) that collect personal information this way. Tools we use may include browser cookies. Your browser will store these cookies on your computer in a small file.

We and our advertising partners may also use web beacons (single pixel GIF images). These web beacons are placed in the code of a Web page or an email newsletter. When you access a partner site within our mobile applications, we may track your activity on that site.

By using the Platforms, you give us your free, unambiguous, and informed consent to the use of any of the cookies and tracking tools mentioned in this policy.

Helicase may use tracking tools for following purposes

·      We may use tools to track new visitors to the Platforms.

·      We may use tools to help us recognize your browser as a previous visitor. This includes saving and remembering any preferences that may have been set while your browser was visiting the Platforms, such as language.

·      We may use tools to store your username and password if you are registered with us.

·      We may use tools to work with online advertising companies to display targeted advertising on our Platforms and third party platforms that you visit. This targeting may be based on information you submit on our Platforms or third party platforms. This targeting may also be based on your activities or behaviors on our Platforms or those of third parties. We may also obtain information about your browsing history from our business partners. To learn more about targeted advertising and how you can accept or refuse (opt-out of) this type of advertisements, we recommend that you visit www.aboutads.info/choices or www.youronlinechoices.eu.

·      We may use tools to track when you purchase products or services on partner websites.

·      We may use tools to help improve our products, services, and Platforms and for capacity planning purposes. We or our third party service providers may set analytics cookies. These allow us to gather aggregated or segmented information about the types of visitors that access our Platforms and the pages and advertisements that they view. In order to better understand your use of our Platforms, we or our third party service providers may collect information on such use, including pages visited, links clicked and mouse movements.

How you can control tracking tools

Your browser may give you the ability to control cookies. How to do this varies from browser to browser. You should view the Help menu on the browser you use for further information.

We do not currently allow you to opt out of online behavioral advertising. However, should this be required by law and you wish to do so, email us at info@flykitt.com so that we can take action.

We may also use Google Analytics to collect demographic and interest data about you (such as age, gender, and interests), including through Google Analytics Demographics and Interest Reporting. You can find out more about Google Analytics and how to opt-out by going here. Choices you make are browser and device specific. Some aspects of our site use cookies to function. You may not be able to use these features if you set your device to block cookies. If you block or delete cookies or opt out of online behavioral advertising, not all of the tracking that we have described in this policy will stop.

How Helicase responds to “Do Not Track” signals

Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.

If you have any questions on our use of tracking tools, please email us at privacy@flykitt.com.

 
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