Last Updated: January 2, 2019

Rights of European Data Subjects under the General Data Protection Regulation (GDPR)

If you are in one of the EU/EEA countries, beginning in May 2018, you will be entitled to certain rights under the General Data Protection Regulation (GDPR).

First, you should know that HapYak takes the minimal amount of information we need in order to offer our service. We do not sell or remarket information about our customers or users.

You can interact with HapYak in three ways. As a guest on our website, as a user of our software, and as a viewer of videos which have been modified with HapYak. Viewers of interactive videos will have interactive data collected and transmitted to both HapYak and to the HapYak clients who created the video(s).

By visiting the HapYak Websites or communicating with HapYak you consent to the purposes for which we process your Personal Information. You will have a right to withdraw consent to processing. For the Personal Information we collect on the HapYak Websites, this means you may withdraw your consent to processing by leaving the HapYak Websites, suspend your account if you have registered on our Websites, and requesting that we delete your Personal Information by contacting us as directed below.

You will have the right to access your Personal Information that we hold (Typically IP address. For authors of HapYak interactions: name, email address).

HapYak may maintain system level data in perpetuity, however will not retain personal information for more than one year after your last transaction with us.

We may use Personal Information:

  • to fulfill your requests, such as to create a HapYak Service account, send a requested white paper, send online video updates or complete your purchases;
  • to operate the HapYak Service, to send you important information regarding the Site and issues specifically affecting the HapYak Service and your use of the HapYak Service, including changes to Site terms, conditions and policies. Because this information may be important, if you are a registered user you may not opt out of receiving it;
  • to inform you of products, programs, services and promotions from us and/or our marketing partners that we believe may be of interest to you;
  • for our internal business purposes, such as data analysis, audits, developing new products, enhancing our Site, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.

You will have a right to demand modification of inaccurate Personal Information.

You will have the right to erasure of past data about you (your “right to be forgotten”).

You will have the right to demand that we restrict processing of your Personal Information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your Personal Information is inaccurate.

You will have a right to data portability of Personal Information concerning you that you provided us in a structured, commonly used, and machine-readable format, subject to certain conditions.

The Personal Information we collect on the HapYak Websites is not used for automated decision making and profiling, except for our own customer communication via e-mail or support. And, as stated above, you can opt-out of direct marketing by HapYak.HapYak may transfer and disclose information, including information that may or may not personally identify you, to third parties to comply with a legal obligation (including, but not limited to, subpoenas); when we believe in good faith that the law requires it; in response to a lawful request by governmental authorities conducting an investigation, including to comply with law enforcement requirements; to verify or enforce our policies and procedures; to respond to an emergency; to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

HapYak complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. HapYak has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. In the context of an onward transfer, HapYak shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, HapYak commits to resolve complaints about our collection or use of your personal information. HapYak’s is a Boston US based company with no physical presences in the EU. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should contact HapYak at:
129 South Street
Boston MA, USA, 02111

HapYak has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.

HapYak is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you can also submit your complaint to Privacy Trust, an independent third party. Visit https://www.privacytrust.com/drs/hapyak to file a complaint. If you are unhappy with how we deal with your complaint, or the outcome, you may invoke binding arbitration or refer your complaint to a data panel.

To learn more about your rights under the GDPR you can visit the European Commission’s page on Protection of Personal Data, at: http://ec.europa.eu/justice/data-protection/index_en.htm

Privacy Policy

Trapelo Corp. dba HapYak Interactive Video (“HapYak”) wants you to be familiar with how we collect, use and disclose Personal Information and Non-Personal Information (each as defined below). This Privacy Policy describes our practices in connection with information that we collect through our website located at www.HapYak.com, other HapYak websites and through HapYak’s online video platform known as the “HapYak Service” (www.HapYak.com, HapYak’s other websites and the HapYak Service are referred to in this Privacy Policy collectively as the “Site“). This Privacy Policy does not address the collection, use or disclosure of information by any third parties.

By using the Site, you agree to the terms and conditions of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Site. We reserve the right to change this Privacy Policy without prior notice. You can find out when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to our Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Privacy Policy then in effect.

What Types of Information Do We Collect from You?

Personal Information is information that identifies an individual. In order for you to take advantage of particular opportunities provided through the Site (for example, to receive white papers, participate in certain forums on the Site or sign-up for the HapYak Service), we may require that you furnish Personal Information. We collect Personal Information from you, such as your name, postal address, telephone number and email address, only when you voluntarily provide it to us. We may also combine Personal Information you provide to us with publicly available information, such as your organization’s name, in the event you provide us with an email address from your organization.

Non-Personal Information is aggregated information, demographic information and any other information that does not reveal an individual’s specific identity.

Environmental Variables. We may collect certain environmental variables, such as computer type, screen resolution, OS version and browser type and version. These environmental variables are collected by most websites and can be used to optimize your experience on the Site.

Cookies. We and service providers acting on our behalf may set and access cookies on your computer. A cookie is a small text file containing a unique identification number that is transferred from a website to the hard drive of your computer so that the website administrator may identify your computer and passively track its activities on the website. This unique number identifies your web browser to our computer system. Cookies allow us to automatically remember your web browser when you use the Site. The use of cookies is an industry standard, and they are currently used on most major websites. It is possible to adjust your web browser preferences to alert you when a cookie is sent to your hard drive, or to refuse cookies altogether. While we do not require you to use cookies, certain parts of the Site will not function properly if you set your browser to refuse all cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/.

Web Beacons. Web beacons, also known as clear GIFs or single-pixel GIFs, are small image files that we, or service providers acting on our behalf, may place in our Web pages, in our advertisements and in our emails. Working in conjunction with cookies, web beacons allow us to accurately count the number of unique users who have visited a specific Site page or section, clicked on one of our advertisements, or opened or acted upon an email. They also tell us the number of times advertisements or pages are displayed. This allows us to measure the performance of our Site, our advertising and our email campaigns.

Information That You Provide. We may also collect Non-Personal Information, such as your interests, geographic location and website address, when you provide it to us. Unless combined with Personal Information, this information does not personally identify you. In addition, we may aggregate Personal Information in a manner such that the end product does not identify you or any other Site user. Such aggregate information is considered Non-Personal Information for purposes of this Privacy Policy.

IP Addresses. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer you are using by your Internet Service Provider (ISP), and in many cases, IP addresses are shared by multiple people. This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) you visited. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.

How Does HapYak Use Information Collected from Me?

Personal Information. We may use Personal Information:

  • to fulfill your requests, such as to create a HapYak Service account, send a requested white paper, send online video updates or complete your purchases;
  • to operate the HapYak Service, to send you important information regarding the Site and issues specifically affecting the HapYak Service and your use of the HapYak Service, including changes to Site terms, conditions and policies. Because this information may be important, if you are a registered user you may not opt out of receiving it;
  • to inform you of products, programs, services and promotions from us and/or our marketing partners that we believe may be of interest to you;
  • for our internal business purposes, such as data analysis, audits, developing new products, enhancing our Site, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.

Non-Personal Information. Because Non-Personal Information does not personally identify you, we may use such information for any purpose, at our sole discretion, unless otherwise noted in this Privacy Policy. In addition, we reserve the right to share Non-Personal Information with affiliates and other third parties, for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we do combine any Non-Personal Information with Personal Information, we will treat the combined information as Personal Information as long as it is combined.

Delivery of Online Advertising. We may use third party ad serving technology to help us deliver ads on the Site or to educate users on ad serving technology. This technology may use information (not including your name, address, email address or telephone number) about your visit to the Site in order to identify and display advertisements that may be of interest to you. In the course of serving these advertisements, a unique cookie may be placed and/or recognized on your browser. If you would like more information about this practice and to know your options about not having this information used to serve ads to you, please click here.

Third Party Advertisements. Third parties may display advertisements on the Site or offer you products and services in connection with the Site. Any such party’s use of cookies and other technologies is subject to such party’s own privacy policy. Third parties that are not our service providers do not have access to our cookies.

IP Addresses. We use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems and administering the Site. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.

How Does HapYak Disclose Personal Information?

We may disclose Personal Information:

  • to our third party service providers who need the information to provide us with components of the HapYak Service and/or such services as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service and email delivery services;
  • to third parties where you have requested to use a third party service (including applications) in connection with the HapYak Service and have requested that we provide information to them;
  • to identify you to any person to whom you send messages regarding Site-related content through the Site;
  • to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including, without limitation, in connection with any bankruptcy or similar proceedings); and
  • as we believe appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain

Use of the HapYak Service

The HapYak Service, which is accessible through the Site, enables customers of HapYak to pull, manage and publish videos to a customer’s own website or to third party websites. Please note that any information you disclose through videos pulled via the HapYak Service may become public information and may be available to visitors to the website where they are posted and to the general public. We urge you to exercise discretion and caution when deciding to disclose Personal Information, or any other sensitive information, via the HapYak Service. We are not responsible for the use of any Personal Information you disclose through your use of the HapYak Service.

Other Important Notices Regarding Our Privacy Practices

Payment Processing. We use a third party payment service (“Payment Service”) to process credit card payments for certain editions of the HapYak Service. When you provide credit card information on the Site, that information is sent directly to the Payment Service. HapYak does not have access to your full credit card number and does not store such information in its own systems. You acknowledge and agree that any Personal Information that you provide in connection with such credit card payments will be transmitted directly to the Payment Service. Information transmitted to the Payment Service is encrypted using SSL software. The Payment Service is required to comply with all applicable privacy and security laws and the rules and regulations issued by the credit card companies, however, HapYak is not responsible for the Payment Service’s failure to comply with such laws, rules and/or regulations.

Third Party Sites and Services. We provide links on this Site as a convenience for our users. We may also inform customers of the HapYak Service about third party services or applications that can be used in connection with the HapYak Service, including services from companies associated with HapYak’s Alliance program (as further described at www.HapYak.com). In addition, customers of the HapYak Service generally use the HapYak Service to publish videos on their own, or third party, websites. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, or of other websites or services operated by third parties. Your activities, including your provision of Personal Information, with any such third parties or such third parties’ websites or services will be governed by the privacy policy of such third parties. The inclusion of a link on the Site does not imply endorsement of the linked website by us or by our affiliates. We are not responsible for the use of any Personal Information you disclose to third party sites or services.

Security. We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

Opt-Out. If you no longer wish to receive marketing-related emails from us, you may opt out by following the “unsubscribe” instructions in the latest such message you have received or by contacting us at privacy@HapYak.com. If you would prefer that we not share Personal Information about you in the future with our affiliates and/or with third parties for such affiliates’ and/or third parties’ marketing purposes, you may opt out from such sharing by contacting us at privacy@HapYak.com. Please specify whether you are opting out of receiving messages from us or from sharing with our affiliates and third parties. We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt out as described above, we will not be able to remove your Personal Information from the databases of our affiliates or third parties with whom we have already shared your Personal Information. If you wish to cease receiving marketing-related emails from such affiliates or third parties, please contact them directly.

Changing or Suppressing Personal Information. If you would like to request to review, correct, update, suppress or otherwise limit our use of your Personal Information that has been previously provided to us, you may contact us by email at privacy@HapYak.com. We will respond to your request in accordance with applicable law. For your protection, we will only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. You also may review, correct and update certain information that you provided by logging into your HapYak Service account and editing your profile information.

In each event, you must clearly indicate the information that you wish to have changed or suppressed. We will endeavor to comply with your request as soon as reasonably practicable and in compliance with applicable law. We may need to retain certain information for record-keeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed. Finally, we are not responsible for removing or suppressing information from the databases of third parties with whom we have already shared your Personal Information, or limiting their use of your Personal Information. If you wish to change or suppress information provided to an affiliate or third party, please contact them directly.

Retention Period. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is permitted or required by law.

Note Regarding the Use of the Site by Children: The Site is not directed to children under the age of thirteen (13), and we request that children not provide Personal Information through the Site. If you become aware that your child has provided us with Personal Information, please contact us in accordance with the “Contacting Us” section below.

Jurisdiction and Cross-Border Issues

We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, such as the United States, which may provide a level of data security different from your country of residence.

Contacting Us

If you have any questions regarding this Privacy Policy, please write to the following address:

Customer Service/Privacy Policy or General Counsel
HapYak Interactive Video
129 South Street
Boston, MA 02111