Last Updated: May 21, 2018
USERS OUTSIDE OF THE U.S.
Important Information for Users Outside of the U.S. – Transfer of Data
EU-US Privacy Shield
Herculeze's commitment to comply with the Privacy Shield Principles
Accountability for onward transfers
Herculeze’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Herculeze remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Privacy Shield Principles, unless Herculeze proves that it is not responsible for the event giving rise to the damage.
Right of access
You have a legal right to request the personal information about you held by us. On request, we will provide you with a copy of this information. You also have a right to correct, amend or delete such personal information where it is inaccurate or has been processed in violation of the Privacy Shield Principles.
Resolution of disputes and complaint mechanism
In compliance with the Privacy Shield Principles, Herculeze commits to resolve complaints about your privacy and our collection or use of your personal information. If European Union citizens have any queries related to the processing of your personal information under the Privacy Shield framework, we encourage you to contact us directly in the first instance at: firstname.lastname@example.org.
Independent recourse mechanism
For any complaints that cannot be resolved with Herculeze directly, we have agreed to cooperate with JAMS. If you are unsatisfied with the resolution of your complaint, you may contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield for further information and assistance. These recourse mechanisms are available at no cost to you. As further explained in the Privacy Shield Principles, a binding arbitration option.
Herculeze is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
Disclosure of EU personal data to public authorities and law enforcement agencies
Herculeze may be required to share your personal information in response to lawful requests by public authorities, including to meet national security and law enforcement requirements.
Links and Information
The Site contains links to other websites. Please review Section 11 of our Terms of Service, available at: http://www.Herculeze.com/terms, for more information.
Information Received by Herculeze
Personal Information. Herculeze collects Personal Information (i.e. data that allows someone to identify or contact you such as your name, address, geographic location of your computer or mobile device, telephone number, email address and bank account and other Financial Information) only if you voluntarily choose to share such information with Herculeze. However, in order for you to take advantage of particular opportunities provided through the Herculeze Platform, we may require that you furnish Personal Information. When you register your account, sign up for newsletters, complete forms for optional programs, surveys, contests and other entries, and through communications transmitted through Herculeze, applications and your use of the Herculeze mobile application, we collect information including your name, address, phone number and email address.
You also may choose to send Herculeze personally identifying information in an email message containing information or inquiries about the Herculeze Platform.
Cookies and Other Technologies. When you visit websites on the Internet, your browser may automatically transmit information to the websites you visit throughout every visit. Like many websites, we may use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We may utilize persistent cookies that only Herculeze can read and use to save your login information for future logins to the Herculeze Platform, to assist in processing items in your shopping basket, to hold session information, and to track user preferences. We may utilize session ID cookies to enable certain features of the Herculeze Platform, to better understand how you interact with the Site and to monitor aggregate usage by our users and web traffic routing on the Herculeze Platform, to track the number of entries in Herculeze promotions, sweepstakes and contests and to identify visited areas of the Herculeze Platform. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Herculeze Platform and then close your browser. Third party advertisers on the Site may also place or read cookies on your browser and we may use Flash cookies (or local shared objects) to store your preferences or display content based upon what you view on the Site to personalize your visit. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Herculeze Platform.
We and our service providers may also use "pixel tags," "web beacons," "clear GIFs," or similar means in connection with the Herculeze Platform and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates. We may also engage one or more third party service providers to serve online advertisements on our behalf. They may use a “pixel tag” to collect information about your visits to the Site and to other websites, and they may use that information to target advertisements for goods and services. We will not share this information with third parties in a manner that personally identifies you except as provided herein.
The following table sets out the different categories of cookies that our Services use and why we use them. The lists of third party cookie providers are intended merely as illustrative not comprehensive:
Type of Cookie
Who Serves (for example)
These cookies (including local storage and similar technologies) tell us when you’re logged in, so we can customize your experience and connect your account information and settings.
These helps provide a localized experience by showing you your local metro area.
Site features and Services
Analytics and research
Things like cookies and pixels are used to deliver relevant ads, track ad campaign performance and efficiency. For example, we and our ad partners may rely on information gleaned through these cookies to serve you ads that may be interesting to you on other websites. Similarly, our advertisers may use a cookie, attribution service or another similar technology to determine whether we’ve served an ad and how it performed or provide us with information about how you interact with them. For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices if you are in the United States, or http://youronlinechoices.eu/ if you are outside the United States.
Device Information. When you visit and interact with the Herculeze Platform, Herculeze may collect certain information automatically, including, but not limited to, the type of computer or mobile device you use, your mobile devices unique device ID, the IP address of your computer or mobile device, your operating system, the type of Internet browsers you use, and information about the way you use the Herculeze Platform (“Device Information”). We may use Device Information to monitor the regions from which Users navigate the Site and for security and fraud prevention purposes. Device Information may be personally identifying in some circumstances. Tools are available with the goal of anonymizing certain Device Information (like the TOR network), which are forbidden on the Herculeze Platform. While we respect your right to hide this information, we believe that doing so is in conflict with the spirit of our platform, and having an open and honest marketplace. When using such tools, you will not be able to use all portions or all functionalities of the Herculeze Platform.
Identity Verification. We may collect Personal Information, such as your date of birth, or taxpayer identification number, and address, to validate your identity or as may be required by law, such as to complete tax filings (“Identity Information”).
Financial Information. To help Providers setup a payment account and help Clients make payments to Providers and pay the Fees, we may collect financial information, including name, address, credit card number, bank routing numbers, tax information, and any other payment information (“Financial Information”).
Location Information. When you visit the Herculeze Platform via a mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map to offer a better service for our Users. We will not share your current location with other users. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.
Third Party Information. If you registered through a co-branded version of our Herculeze Platform through one our Partners (as defined below), they may provide us with basic information such as your name, address and purchase history related to your Transport needs. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party Agents (as defined below) and combine it with other information that we have about you. Finally, Herculeze works with third party agents to perform identity checks and criminal background checks on Providers, and we receive information from them such as publicly available information about their criminal history.
Public Areas. You may have the opportunity to create a profile, which consists of information about you, and may include Personal Information, photographs, work history, skills, hourly pay rates, feedback/rating information and other information, including your username (“Profile”). The information in your Profile may be visible to all Users and the general public subject to the privacy choices you make within your Profile. If you choose to post a Transport via the Herculeze Platform, the contents of such listing will be publicly viewable.
Herculeze's Use of Personal Information
Herculeze uses Personal Information (including Identity Information and Financial Information) and non-Personal Information for the following general purposes:
- To operate and make available the Herculeze Platform,
- to connect Providers and Clients and facilitate transactions and payments,
- for billing, identification and authentication, and fraud prevention,
- to analyze Site usage and improve our products and the Herculeze Platform,
- to contact you and deliver administrative notices, marketing notifications and offers and communications relevant to your use of our products and the Herculeze Platform via email, SMS, push notifications, or otherwise,
- to provide you with customer support,
- for internal market research, troubleshooting problems, and detecting and protecting against error, fraud or other criminal activity,
- to enforce our Terms of Service, and
- as otherwise set forth in the Policy.
Analytics and Market Research. Herculeze may analyze Personal Information and web navigational data based on your interests and may use the analysis from this information in a way that doesn’t reveal a User’s Personal Information (“Market Research”) in order to market the Herculeze Platform, improve the likelihood of a sale to a group of Users, and increase the likelihood that a group's experience with the Herculeze Platform is relevant to its interests as a whole.
Herculeze uses data at the individual level to sell products and services to Users who express an interest in these products and services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Research.
Cell Phone Numbers. Herculeze may use your cell phone number to call or text you in order to provide you notifications about Transports, for marketing purposes and to administer the Herculeze Platform. If you would like more information about our policy, or to opt out, please review below or Section 9 of our Terms of Service, available at http://www.Herculeze.com/terms or visit herculeze.com. You may be liable for standard SMS and per-minute charges by your mobile carrier. Herculeze may also message you via “Push” messaging, which you can opt-out of on your mobile device. Data rates may apply.
You can opt out of receiving certain promotional communications from Herculeze sent via text message at any time by following the instructions provided in text messages from Herculeze to text the word, "STOP". Please note that your opt-out is limited to the phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt-out of receiving promotional communications, Herculeze may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Herculeze’s ongoing business relations.
Financial Information. We use Financial Information solely as authorized by you in accordance with the Herculeze Platform. To keep your financial data secure, we do not store full credit card information on our servers. We have contracted with a third party to process your payment card information.
With Whom Does Herculeze Share Information?
Third Party Agents. To operate the Herculeze Platform, including processing your transactions, we may share your Personal Information with Our agents, representatives, contractors and service providers (“Agents”) so they can provide us with support services as follows:
- Email origination,
- Identity/background check requirements,
- Fraud detection,
- Receipt or support services,
- Customer relationship management services,
- Financial transaction fulfillment, and
- To otherwise help us provide the Herculeze Platform, including all of the things described in the preceding section.
Other Users. As Authorized by your use of the Herculeze Platform, Herculeze facilitates contact between Users and reserves the right to share a User’s contact information with another User or their legal or other representative in order to facilitate the resolution of a dispute related to or arising from an interaction between two or more Users of the platform (e.g. phone number, or email and postal address).
Anonymous or Aggregated Data. Herculeze collects, stores and shares certain data about the use of the Herculeze Platform on an aggregate and/or anonymous basis. Herculeze does not link this information to anything personally identifiable to you if shared with third parties.
Legal Obligations Herculeze may disclose Personal Information or User Generated Content, including location data or communication data, to a third party if required to do so by law or pursuant to a warrant or subpoena. Herculeze reserves the right to disclose Personal Information from both private and public areas of the Site in the absence of a warrant or subpoena if we are given reason to believe, in our sole discretion, that someone is causing injury to or interference with the rights of Users, the general public, or Herculeze, to comply with a judicial proceeding, court order or legal process.
It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless (i) we are prohibited by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact). Law enforcement officials who do not want their requests disclosed should provide an appropriate court order or process establishing that notice is prohibited, or provide sufficient detail for Herculeze to determine whether a request falls into one of the exceptions above.
Third Party Sites
As part of the functionality of the Site and the Herculeze Platform, you may link your Herculeze account with online accounts you may have with third party sites, such as Facebook. If you connect your account with one of these services, you may be giving such third party services access to your Personal Information or Contact Data.
You may opt-out of receiving communications from us and our partners, remove your information from our database, and choose to not receive future communications unrelated to the Herculeze Platform by cancelling your account; if you wish to do so, please contact us at herculeze.com.
During registration you choose whether to receive marketing correspondence from either Herculeze or its partners and whether you want to participate in a variety of Herculeze programs. This information remains on your Profile where you can, at any point, easily edit it to indicate that you have changed your mind. After logging on, click on your profile on the top right of any page, then select “Notifications.” You may then click on "email alerts," and make your selections. If you purchase anything through Herculeze, we may occasionally contact you with information about special events, sales, activities, promotions, contests, submission opportunities and programs. You always have the option to ask Herculeze not to contact you with this information again.
If you receive unsolicited email from a Herculeze domain, please contact us at herculeze.com.
Herculeze's Information Retention Policy
To preserve the integrity of our databases, we may retain information submitted by Users for an indefinite length of time as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. If required by law, we will delete Personal Information by erasing it from our database. We will also respond to User requests to delete or correct account or Personal Information, which you can do by contacting Herculeze at herculeze.com, or by selecting the “Notifications” option under your account icon in the top right corner of your home page or on your device.
User Generated Content
For each User seeking to provide Transport services via the Herculeze Platform (each, a “Provider”) who has provided Herculeze with any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, you consent to our use of these materials as User Generated Content in accordance with Section 14 of the Terms of Service, available at http://www.Herculeze.com/terms.
Herculeze’s Security of Collected Information
Your Herculeze account is password-protected so that only you and authorized Herculeze staff have access to your account information. In order to maintain this protection, do not give your password to anyone. Also, if you share a computer, you should sign out of your Herculeze account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.
Herculeze expressly disclaims any liability that may arise should any other individuals obtain the information you submit to the Herculeze Platform.
How Can Users Access and Edit Their Information?
Herculeze believes strongly in giving you the ability to access and edit your Personal Information. To update your Personal Information, click My Account at the top of any page. There you can view, update and correct your account information. You may edit your account information at any time -- all you need is your username and password.
So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter yourself. For example, since children under 18 are not allowed to register as Users, we need to take reasonable measures to preserve the accuracy of our Users' ages. You have a right to access your personal information. Please contact us at customerservice@Herculeze.com
to find out how to access and change information you cannot access through your account.
Our databases automatically update any Personal Information you edit in your profile, or that you request we edit. Information transmitted through boards, chats, polls or through any other means remains in our databases and becomes the property of Herculeze upon submission.
Notification of Changes
Children’s Privacy and Note to Parents and Guardians
Your California Privacy Rights
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.
Herculeze may share personal information as defined by California’s “Shine the Light” law with third parties or affiliates for such third parties’ or affiliates’ own direct marketing purposes. California residents may obtain information about our compliance with this law by sending us an email or letter to the address specified in the “Contacting Us” section below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Herculeze is not required to respond to requests made by means other than through the provided email address or mail address.
How Can I Reach Herculeze Staff?
If you have technical problems, questions or other issues related to your use of Herculeze, please click the link Contact Us on the home at the bottom of any page of the Site. You can also contact us at herculeze.com.
Herculeze's staff will respond to all requests sent through mail or email from Users and parents interested in knowing more about what personal information is stored on the Herculeze database, or if they want their personal information nullified, or have additional questions regarding privacy.
If you have any questions about this privacy statement, the practices of the Site, or your dealings with the Herculeze Platform, you may contact us at herculeze.com