Privacy Policy

EFFECTIVE DATE: MAY 24, 2018

1. Introduction

This Privacy Policy sets forth the privacy practices of Haiku Systems Inc. and its affiliates and subsidiaries (collectively, "Haiku") with respect to all Haiku information, data, graphics, content, software applications (including, without limitation, mobile software and applications) (collectively, the "Software"); the Haiku website, located at https://www.haiku.ai, (the "Website"); and other Haiku products or services provided or otherwise made accessible on or through the Software or the Website. Collectively, the Software, the Website, and any other Haiku services are hereinafter referred to as the "Service". In this Privacy Policy, "we", "us", "our" and other similar references mean Haiku and "you" and "your" and other similar references mean any particular user of the Service. This Privacy Policy describes how Haiku uses personal information of users collected through our Service ("Personal Information").

This policy applies (i) immediately to users who utilize the Service on or after the Effective Date and (ii) on the Effective Date to users who utilize the Service before the Effective Date. Any person who does not agree to be bound by this Privacy Policy should not utilize the Service. Each capitalized term not otherwise defined herein shall have the meaning set forth in Section 2.

Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us online at support@haiku.ai

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO ALL THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND OUR TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE EXIT, AND DO NOT ACCESS OR USE, THE SERVICE.

2. Definitions

"Contact Information" means (i) your name, (ii) your email address.
"Effective Date" means the date set forth at the beginning of this document.
"Haiku Affiliates" means any parent, subsidiary, member, officer, director, employee, or agent of Haiku or any company under common control with Haiku.
"Privacy Policy" means the set of policies set forth in this document.
"Financial Account Information" means your credit card number, credit card expiration date and credit card verification code, all with respect to one or more credit cards that you have the lawful right to use, and your bank account number, bank account title, bank name, branch location and routing number, all with respect to one or more accounts that you have the lawful right to access; provided "Financial Account Information" does not include the last four digits of your credit card number, which we retain for purposes of verifying User Account and User Account Information.
"Transaction Information" means all information related to transactions that you conduct on the Service and your interactions with the Service.
"User Account" means an account permitting access to the Service, with which is associated a username and password.
"User Account Information" means information that identifies you to the Service, including your user name, password, internet protocol address, and MAC address.
"User Content" means images, comments, and other materials that you post to the Service.
“Public Projects” are user projects set to ‘Public’ during project creation or publication, and/or set to ‘Public’ subsequently through Haiku's desktop or web software. 

3. Types of Personal Information We Collect

Haiku collects the following types of Personal Information through the Service:
Contact Information;
Financial Account Information;
Transaction Information;
User Account Information; and
User Content.

4. Mechanisms for Collection of Personal Information

Haiku collects Personal Information (i) upon a user's creation of a User Account, (ii) upon logging into the Service, (iii) upon interactions with the Service, and (iv) upon uploading User Content to, or generating User Content on, the Service, and (v) when you communicate with Haiku through the Service. When you access our Service, we may place small data files on your computer or other device known as "cookies". We use cookies to recognize you as a user of the Service. Cookies may remain on your device until you erase them or they expire. You are free to decline our cookies if your browser or browser add-on permits, but doing so may interfere with your use of the Service. You should refer to the help sections of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling cookies.

5. Purpose of Collection and Use of Personal Information

Haiku uses Personal Information to:

operate and improve the Service; target offers to users; administer the Service"s facilities for communications among and between users and the public in general; evaluate eligibility of customers for certain offers, products or services; evaluate the types of offers, products or services that may be of interest to users; provide user support; communicate with users regarding support, security, technical issues, commerce, marketing, and transactions; facilitate marketing, advertising, surveys, contests, sweepstakes and promotions administer the Service, User Accounts and transactions with respect to User Accounts; and administer and carry out our obligations under contracts and to comply with the law.

6. Disclosure of Personal Information

We may disclose your Personal Information to:

Haiku Affiliates, which may use the Personal Information for the purposes described in Section 5; service providers which act for us or provide services for us, such as for marketing or for the processing of payments, and as to such service providers their use of Personal Information is subject to our agreements with them and any applicable laws; vendors in connection with the investigation of possible fraud, or as part of legal proceedings affecting Haiku or the vendor; any person or government agency in response to a subpoena; to a government agency in response to an investigation, regardless of whether or not a subpoena has been issued; any person to enforce our rights or protect our property; to protect the rights, property or safety of others, investigate fraud; and Haiku"s employees and outside professionals (such as lawyers and accountants) for the purpose of auditing, compliance, and corporate governance.

7. Storage and Security

We believe the security of your information is a serious issue and we are committed to protecting the information we receive from you. We use commercially reasonable security measures to protect against the loss, misuse and alteration of your information under our control. Notwithstanding such measures, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee the security of any information transmitted to or from the Service. We also are not responsible for the actions of any third parties that may receive any such information.

We may transfer your information to, or maintain it on, computers located outside of your state or country, in a location having laws that are less protective of your privacy. If you are located outside the United States and choose to provide information to us, be advised that Haiku is located in the United States and processes your information in the United States. By using the Service under this Privacy Policy and the Terms of Service, you consent to the transfer of your information to the United States.

We will retain Personal Information only as long as our business needs require. We will then destroy or render unreadable any such information upon disposal. We collect and process Financial Account Information from you using third party PCI-compliant service providers when you subscribe to the Service. We do not store Financial Account Information transmitted through the Service.

8. Grants to other users

By setting your a project to be viewed publicly (making it a Public Project), you agree to allow others to view and "fork" your project (this means that others may make their own copies of your Public Project and the design source files embedded therein.)

9. Email Policies

Haiku reserves the right to send you e-mail relating to your account and to the Service. You cannot opt-out of receiving such e-mails, and you agree to receive them.

10. No Responsibility for Privacy Practices of Third Parties

This Privacy Policy applies only to the Service. It does not apply to sites that have linked or are redirected to or from the Service ("Third Party Sites"), regardless of whether or not such link or redirection is authorized by Haiku. Third Party Sites may have their own policies regarding privacy, or no policy at all. Haiku is not responsible for Third Party Sites and you use them at your own risk.

11. Accessing and Correcting Personal Information

You may correct or update certain of your Personal Information via the account screens of the Service.

You may close an account, but Haiku will nevertheless retain your Personal Information so as to protect the business interests of Haiku, Haiku Affiliates, vendors and other users. Those interests include the completion of transactions, maintaining records for financial reporting purposes, complying with our legal obligations, resolving disputes, and enforcing agreements.

12. Changes to the Privacy Policy

Haiku reserves the right to change this Privacy Policy. Such changes may be announced to you either by email or by the posting of the revised policy on the Service. You are responsible for reviewing both your own email and the Service to determine what is the then-current Privacy Policy.

13. Notice to Residents of Countries outside the United States of America

Haiku is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to Haiku Affiliates, business partners, vendors, or service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. Haiku will adhere to its Privacy Policy, regardless of where the Personal Information is processed or stored.

14. California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by Haiku pursuant to Section 1798.83 of the California Civil Code, please contact us via email to support@haiku.ai

15. European Union Rights

Users from the European Union can exercise requests for personal data and the right to be forgotten by contacting us via email to support@haiku.ai