This page explains how we may process your information. This page may be updated from time to time, so please check it periodically for updates.
Helium Cart (“Helium Cart”, which is a cloud-based e-commerce cart, and operates web domains at both https://www.gethelium.com and https://heliumcart.com), is a property of its owner, Treacyfaces, and having currently shared management, each are currently data controllers (corresponding to how the term "data controller" is used under the EU General Data Protection Regulation, or GDPR). Being the "data controller" means helping decide how and why the information you provide to Helium Cart is professionally processed.
By submitting your email address to Helium Cart, you consent to receiving periodic e-mailings from Helium Cart with information on events within the organization, new issues, press releases, and related matters. Our mailings will normally contain instructions on how you can remove your name from our mailing list.
If you have submitted your contact information via a https://gethelium.com or https://heliumcart.com form and would like us to remove your contact information from our files, please contact us.
Our web site (https://gethelium.com or https://heliumcart.com) is for a general business audience and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the web site. The web site is not geared toward children. We do not intentionally or knowingly collect Personal Data from children under age 18. If you are under the age of 18, please do not submit any Personal Data to us, and rely on a parent or guardian to assist you. If you believe your child may have disclosed personally identifiable information to us, please contact us with supporting documentation at our business office Helium Cart, Attention: Helium Cart Data Privacy Management, P.O. Box 26036, West Haven, CT USA 06516-8036, or by phone to (203) 389-7037, and we will promptly remove that data within 30 days.
What information does Helium Cart collect?
In the course of its business activities and providing the services, Helium Cart will sometimes need to process personal data. "Personal Data" is any information that can directly or indirectly be used to identify a natural person. You provide most of your Personal Data directly to Helium Cart, for instance:
a) Contact information, including name, postal address, e-mail address, phone number, emails, newsletters, bulletins, webinars, white papers, register for site membership or create a profile or account on any part of a Helium Cart product or service; enter or participate in a Helium Cart sweepstakes, contest, competition or prize drawing; receive information by SMS text message, participate in surveys, search query, email us, provide us with your business card or provide your information by kiosk form, phone, utilize Helium Cart, or by any other means contact Helium Cart, https://gethelium.com or https://heliumcart.com, and if you purchase a subscription, license or product.
b) Financial information. Any business information such as credit application and payment information related to paying for Helium Cart product or service that you’ve ordered.
c) Identification information. Such as your customer, prospect or employee information, and from time to time if we include it in our coding requests, the geographic location of your device should you have geolocation services or similar, enabled on the device. It can include tax and credit account identification information when you have engaged https://gethelium.com or https://heliumcart.com for a product or service.
d) Personal Information. This refers to information about an individual, or information that directly or indirectly identifies an individual. That might include: Personal details: name, username / login details, password, topics of interest, and photograph (for example, if photos of your shipment or those depicting products, goods or services, are supplied). Demographic information: including gender, salutation, job title, date of birth/age, nationality, company information including IP address or virtual domain name, education, work experience and other professional information, and language preferences.
e) Information related to shipment and services. Such as our data forwarding, uploading and downloading services, shipment tracking number, shipment routing information, location data, shipment status, pickup and delivery locations data potentially including GPS data, geocodes, latitude and longitude information, and images of the various locations, as well as packaging type, number of pieces, weight, picture of the parcel(s) and customs information;
f) User and preference information. We may collect or obtain your information when you visit, download, use or register to use any part of our products or services. Such information may include shipping amounts, complaints, history of purchases and related commercial activities, communication, survey information and shopping preferences, and any sales promotions or marketing offers.
g) Consent records: These include the records of any consents you may have given, date and time, how consent was granted, subject of the consent, and related information.
h) Location information: This includes location data that describes the precise geographic location of your device.
i) Purchase / payment details: This includes records of purchases and prices, invoice records, payment records, billing address, payment method, cardholder / accountholder name, payment amount, and payment date.
j) Employer details: If relevant, this can include where you interact with us in your employee capacity, and the employer contact information, which can include name, address, phone number and email address.
k) Views and opinions: This can include any views or opinions that you or other users choose to send to us, or publicly post about us on social media platforms or in the Services, including on forums.
l) Data that you make public: Helium Cart may obtain or collect information that you clearly choose to make public. This can include via social media [information from your social media profile(s) might be collected if you make a public post about us] or through chat, forum or communities on our services.
m) Relationship data: This can include obtaining your Information in the ordinary course of our business relationship with you (for instance, when you purchase a product or service from us).
Helium Cart may obtain Personal Data automatically when you visit the Helium Cart web site (https://gethelium.com or https://heliumcart.com) or any of its subpages, for system administration and troubleshooting, to identify you so we can enhance your online experience and to help Helium Cart to better understand the effectiveness of the content messaging and information provided. This information may consist of IP ("Internet Protocol") address, Unique device identifier or user ID, System and browser type, Date and time stamps, Referring web site address, Content and pages you access on our web site or mobile apps, Dates, times and locations when actions take place, and from time to time, potentially click-stream information and device geolocation.
Any Personal Data collected by Helium Cart or its designated vendors is collected and aggregated through the use of web browser cookie encoding ("cookies"), web beacons, or technologies that act similarly. A "web beacon", also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and is sometimes used to information transmittal back to a web server. It’s possible we may also use local shared objects such as Flash-derived cookies, and/or HTML5 or other professionally recognized local storage techniques. Mobile analytics might be used, perhaps to understand the functionality of our mobile applications and software on your mobile device. Technologies change from time to time, and Helium Cart and its vendors always act professionally to ensure to the degree possible that the technology(ies) utilized are at current security standards.
We do not seek to collect or otherwise process any of your sensitive personal information. Where we need to process any sensitive personal information for a legitimate purpose, we do so in accordance with applicable law. In the ordinary course of our business, Helium Cart does not collect or process information about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offense or penalty, or any other information deemed sensitive under GDPR. Helium Cart is not responsible any personal information you’ve volunteered while using the services.
The Reasons Why Helium Cart processes Personal Data
In the normal course of business at Helium Cart, Personal Data is routinely collected, recorded, processed, stored and utilized in a professional, proper manner within the reasonable framework of responsible and efficient management. That’s whether such Personal Data is on paper (analog), in computerized records (digital) or recorded by any other means.
We may process Personal Data or user information for the following purposes: Communicating with you. To fulfill our contractual obligations with you and the supply of the top quality products and services that Helium Cart offers. And/or it’s necessary to comply with our company’s legal obligations. In the normal course of business, Personal Data may be utilized in the following ways: Services research, development and improvement. Fulfilling and executing business agreements throughout the business agreement cycle. Business relationship management, business related targeted marketing, statistical and scientific analyses.
Compliance with applicable law. Improving our services:
Business process execution and internal management. Browser Cookie-related technologies:
In your web browser, generally under the "Advanced" settings, your web browser provides you the opportunity to turn off and delete specific cookies or all cookies that have been set on your device. Any cookies or related technologies that Helium Cart uses help maintain the continuity and efficiencies of your experiences with https://gethelium.com or https://heliumcart.com so please be aware that if you were to delete https://gethelium.com or https://heliumcart.com cookies, you might lose any https://gethelium.com or https://heliumcart.com preferences settings or other settings, necessitating the need to begin again.
Business processes can include but are not limited to: The business’ normal internal management including the execution of business activities including managing company assets, accounting and finance, the conducting of internal audits, internal investigations, and implementation of business controls, operating efficient central processing facilities, and the processing of Personal Data for management reporting and analysis.
For general business Security and Safety, including but not limited to: Inclusion of Personal Data processing in activities safeguarding Helium Cart safety, protection and health, and customer, supplier or business partner assets, status and access rights authentication. Individual interests protection, including: Processing individual information in the event of an urgent medical emergency or natural disaster, for example. Helium Cart Legal Compliance Obligations, including for example the processing of Personal Data for compliance with regulations, laws and other specific guidelines.
Access to your Personal Data is Limited in these ways:
Our Time Limiting of Personal Data Processing:
Helium Cart only retains your Personal Data for the limited but inexactly estimable period of time as necessary for the purposes of the processing your Personal Data, and pledges to delete the Personal Data when no longer needed due to tenets of the business or legal stipulations requiring its retention.
How Helium Cart Protects Personal Data:
Helium Cart pledges to exercise appropriate organizational and technical means to protect your Personal Data against accidental or unlawful processing, including but not limited to:
Ensuring that Helium Cart personnel are trained in information security, Protecting your Personal Data from unauthorized access, Assuring your Personal Data’s confidentiality and integrity to the degree possible, Data breaches (actual or suspected) are reported in accordance with applicable law.
Where and under what EU Limitations does Helium Cart store or transfer your Personal Data?
Simply because of the nature of our global business and services provided to our clients, it is foreseeable that in the future, Helium Cart may need to transfer your Personal Data to locations outside the country where you reside. When we transfer such Personal Data, Helium Cart pledges that such transfers are handled with appropriate safeguards. For the European Union, such transfers to our trusted third party vendors will be governed by a contract based on the model contractual clauses for data transfer approved by the European Commission.
EU Residents: GDPR provides certain rights for EU residents. You may decline to share certain information with us, in which case we may not be able to provide some of the features and functionality of the Services. These rights include, in accordance with applicable law, the right to object to or request the restriction of processing of your information, and to request access to, rectification, erasure and portability of your own information. Where we process your information on the basis of your consent, you have the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Information in reliance upon any other available legal bases). Requests should be submitted by contacting us (using the contact instructions provided in this document). If you are an EU resident and have any unresolved privacy concern that we have not addressed satisfactorily after contacting us, you have the right to contact the appropriate EU Supervisory Authority and lodge a complaint.
If you are an EU resident, you may have certain rights including: The right not to provide your Personal Information to us. The right of access to your Personal Information. The right to request rectification of inaccuracies. The right to request the erasure, or restriction of Processing, of your Personal Information. The right to object to the Processing of your Personal Information. The right to have your Personal Information transferred to another controller. The right to withdraw consent. The right to lodge complaints with supervisory authorities. We may require appropriate legal verification of your identity and of your region’s supervisory authorities before we can give effect to these rights.
Your rights relative to your Personal Data, based on applicable law: You may be able to exercise certain rights over your Personal Data. Your rights are not absolute in most cases and we might not be required to comply. A number of such rights, as may be applicable in the European Union, are explained below.
Please use the contact details herein to exercise any of your rights as defined.
Right of Personal Data Access: You’re entitled to a copy of your Personal Data that Helium Cart holds including details about how we utilize it. It will usually be provided to you digitally and it is considered to be not for publication.
Right to Personal Data Amendment: Helium Cart takes reasonable steps to continually ensure information accuracy. You can request we update or amend it as necessary.
Right to Personal Data Erasure: Under certain circumstances, you have the right to request Helium Cart erase your Personal Data when its retention is no longer necessary for its original purpose, is obsolete, or if you withdraw consent for its retention. Such a request is balanced against other factors, such as certain legal or regulatory obligations or restrictions.
Right of Processing Restriction: Under certain circumstances, you may ask Helium Cart to temporarily stop utilizing your Personal Data. For example, if such Personal Data is inaccurate or retention is no longer required.
Right of Objection: You have the right to object to processing based on the normal and legitimate business interests of Helium Cart. Except where Helium Cart has a legitimate business practice ground to continue such processing, Helium Cart will no longer process Personal Data once you file an objection (thereafter providing a normal time thereafter for proper removal of your Personal Data). Please be aware that without such Personal Data being present in our data processing system, you might lose certain beneficial services, preferences settings or other settings, necessitating the need to begin our business relationship all over again.
Rights Regarding Automated Decision-Making: You have the right not to be included in automated decision-making by Helium Cart including statistical marketing demographics profiling, when it produces an adverse legal or similar effect for you. If you believe you’re subjected to an automated decision whose outcome you don’t agree with, contact us requesting relevant information.
Right of Consent Withdrawal: Sometimes but not always, Helium Cart may request your consent to process your Personal Data. You may withdraw consent at any time and Helium Cart will stop the further processing as efficiently possible after the consent withdrawal. The lawfulness of our processing prior to consent withdrawal remains intact.
Where to Direct Complaints or Questions: Complaints or questions regarding the processing of your Personal Data can be directed to Helium Cart using our contact information provided herein. If and when appropriate, you also have the right to file a formal complaint with local data protection authority in the jurisdiction where you work, live, or where an alleged infringement has been found to be taking place. A listing of the European Data Protection Authorities can be found at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080
This Policy applies all Helium Cart employees, wherever they are located. Additional information is available from our Helium Cart Compliance Department by writing to us at our mailing address.
Local Law Application
If local law requirements or other legal obligations contradict the stipulations defined in this Policy, and in the event of conflicts between applicable local laws, rules or regulations and the Policy, Helium Cart pledges to work to resolve a practical, reconciling solution.
Personal Data: Any data (information) that can be used to identify a person, indirectly or directly, whether an employee, a customer or their employees, a vendor or their employees, a job applicant, or any other third party. Such data examples are: Name, Government-issued ID numbers (such as driver’s license numbers, or Social Security numbers), Address, Phone number, Email address, or Photo.
Processing: With or without use of an automated system, any operation performed on personal data. Operations may include collecting, storing, organizing, retention, archiving, recording, viewing, modifying, adaptation, alteration, querying, usage, retrieval, forwarding, transmittal, or combination of such data. It can also include the disposal of, deletion, erasure, destruction of, or blocking data. This can include database information storage and retrieval, the viewing of information stored on another computer, or inter-database information transferral.
Exceptions: Personal Data does not include anonymized data in which individuals cannot be identified. Personal Data processing does not include the transportation of documents or computers on physical digital or analog media.
Helium Cart Principles of Data Protection
In the normal course of business at Helium Cart, Personal Data is routinely collected, recorded, processed, stored and utilized in a professional, proper manner within the reasonable framework of responsible and efficient management. That’s whether such Personal Data is on paper (analog), in computerized records (digital) or recorded by any other means.
Due to the sometimes international nature of our business, we may need to transfer your user information between Helium Cart and to third parties in connection with the purposes set forth in this Policy. For this reason, we may transfer your user information to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.
Helium Cart is accountable for, and must be able to demonstrate compliance with, the following Data Protection / Data Privacy principles we believe in:
a) Helium Cart is Fair and Lawful. When Processing Personal Data, the rights of the individual related to their Personal Data is protected, and Personal Data must be collected and Processed fairly and lawfully.
b) The Limitation of Collection to Specified Purpose. Personal Data can be used / Processed only for the purpose defined at the time of collection and will not be further used or Processed in any manner incompatible with that purpose. Personal Data may not be collected and stored for potential future use unless allowed by local law. Helium Cart collects Personal Data only when necessary and only to meet the specified purpose described at the time of collection and only to the extent allowed by local law.
c) The Deletion of Collected Data. Personal Data will be promptly deleted according to applicable retention schedules, when no longer needed for the purpose specified at the time of collection, unless it is subject to a Legal Department exception.
d) Maintenance of Data Quality. Personal Data should be updated as required to maintain accuracy.
e) Maintenance of Security Safeguards. Personal Data must be protected using physical security, technical security, and managerial restriction of access measures within the Company’s limited resources, to guard against risk of loss or unauthorized access, destruction, use, modification or disclosure.
f) Transparency about Security. Individuals whose information is being collected must be notified at the time of collection how their Personal Data is being used or Processed. Individuals must be aware of who is collecting the Personal Data, the purpose for the Processing of the Personal Data and if third parties will Process the Personal Data, and that correct and adequate safeguards are in place. All such notices must be approved by Helium Cart Legal Counsel.
g) Participation of the Individual whose data is being Collected. As required by applicable local law, individuals have a right to access their Personal Data. Where appropriate, they have a right to have their data corrected, updated or deleted and exercise any other related right that local law provides.
Security and Access
Helium Cart has implemented appropriate technical and organizational security measures designed to protect your user information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of processing, in accordance with applicable law. In certain instances we may use Secure Sockets Layer (SSL) encryption and/or transfer certain user information in a non-human readable format to provide protection. However, we cannot guarantee there will not be a breach, and we are not responsible for any breach of security or for the actions of any third parties.
Since the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement reasonable measures to protect your information, we cannot guarantee the security of your data transmitted to us using the internet. Any such transmission is at your own risk and you are responsible for ensuring that any Personal Information that you send to us are sent securely.
Information Security protocol at Helium Cart classifies all data as Sensitive, Internal or Public. Personal Data must be protected in accordance with its classification.
Personal Data is necessarily classified as strictly confidential, and limited to access by authorized Helium Cart authorized employees only. Any unauthorized Processing of such data not part of the employee’ legitimate duties is prohibited.
The Personal Data must be safeguarded from unauthorized access and unlawful Processing or disclosure, whether Processed electronically (digitally) or in paper (analog) form. For the sake of implementing technical and organizational measures to protect Personal Data, a privacy impact assessment should be performed for new IT systems before introducing new methods of Data Processing.
Supervisors must inform their employees at the start of the employment relationship about their obligation to protect the Personal Data. This obligation also remains in force after employment at Helium Cart has ended.
Access to Personal Data by authorized Helium Cart employees is only as appropriate for the particular task, requiring both definition, separation, and implementation of responsibilities of those accessing the Personal Data.
Helium Cart employees are required to follow these Helium Cart information security standards, as set forth in this documents and its future updates. Helium Cart employees are prohibited from using the Personal Data outside the their employment scope, and may not disclose it to unauthorized individuals, or make it available in any way outside the boundaries of permitted business use.
All incidents of activity suspected of compromising the security of the Personal Data shall be reported promptly in writing to Helium Cart management.
Special Exceptions and Circumstances.
Data Transferring or Processing by Third Parties
Personal Data may not be transferred to a country other than the country of origin unless approved by Helium Cart management, upon ensuring security safeguards are in place. Any third party vendor engaged to Process Personal Data must first execute a data transfer agreement with Helium Cart, and that external provider can Process the Personal Data only as instructed by Helium Cart management.
Personal Data Processing: Special Categories
Certain special categories of Personal Data are highly sensitive. They can only be processed only under certain conditions. These categories include an individual’s racial and ethnic origin, political beliefs, religious or philosophical beliefs, union membership or the health and sexual life of the data subject. Under local law(s), further data categories may necessitate special treatment. Personal Data relating to a crime can often be processed under special requirements of local law. Leave requests, that include special categories of data, will be handled by local Human Resources and Legal Departments.
Internet or Telecommunications, Local Secrecy Laws
Internet, intranet, internal social networks, telephone equipment, and email addresses are provided primarily for work-related assignments. They can be used within the applicable legal regulations and internal policies. In the event of limited acceptable usage for private purposes, prevailing local telecommunications and secrecy laws must be observed.
Communication and Responsibilities
All Employees are responsible for reading and complying with this Policy and related documents and guidelines that may be developed and maintained to implement the requirements of this Policy.
Reporting violations of this Policy
Management is additionally responsible for ensuring all reporting personnel understand the requirements of this Policy, and ensuring appropriate safeguards are in place to protect Personal Data. Also, providing all necessary training and/or guidance to assist with the implementation process, and for monitoring compliance.
In addition to other restrictions discussed herein, you agree:
You shall not disguise the origin of information transmitted through the web site. You will not place false or misleading information on the web site. You will not use or access any service, information, application or software available via the web site in a manner not expressly permitted by Helium Cart. You will not input or upload to the web site any information containing viruses, Trojan horses, computer worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the web site or any information infringing on the intellectual property rights of others. Certain areas of the web site are restricted to customers of Helium Cart. You may not use or access the web site or the Services in any way that, in Helium Cart’s judgment, adversely affects our web site’s performance or interferes with its services. You may not web coding frame or utilize web coding framing techniques to enclose any portion or area of the web site content or any of its information, or extract any such Helium Cart branded content, without the express advance written consent of Helium Cart.
User conduct is limited. User agrees to:
Not upload, post, or transmit any content that is unlawful, is threatening to another person or entity, is defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable. Not harm legal minors. Not collect personal information on, not harass or "cyberstalk" other Users of https://www.gethelium.com and https://heliumcart.com, and not conduct themselves in a way negatively affecting the online experience of another. Not impersonate another User, person, or entity, including any official or employee of Helium Cart. Not intentionally/unintentionally violate any local, state, or federal law, or violate the Copyright Act. Not upload, post or transmit any software or files that contain software viruses or other harmful computer code. Not interfere with the operation of web servers utilized by Helium Cart or other computers or Internet or network connections. Not upload, post or transmit any copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another. Not upload, post or transmit and unsolicited or unauthorized advertising, spam or junk mail.
You agree to indemnify and hold Helium Cart and its owner, affiliates, officers, agents, partners, employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Product or Service, your use of the Product or Service, your connection to the Service, your violation of the Gethelium.com GDPR and TOS ("Terms of Service"), EULA ("End User License/Licence Agreement"), or your violation of any rights of other Users of this web site.
User agrees never to reproduce, copy, duplicate, or sell any portion of the https://www.gethelium.com or https://heliumcart.com web site.
Access to Related Systems
Your use of and access to the Related Systems and Information are subject to the following terms and restrictions:
Any use of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
Helium Cart does not accept concepts, ideas or techniques for new products or services through its web site. If such are received, you expressly acknowledge that such will not be considered confidential or proprietary, that Helium Cart is under no obligation to keep such information private and confidential, and that Helium Cart will have irrevocable and unrestricted, global, royalty-free right to utilize, communicate, reproduce, publish, display, distribute, and market with such in any manner Helium Cart chooses, and is under no obligation to notify you of same.
You agree that Helium Cart, in its sole discretion, may terminate or suspend your use of the web site, and the opportunity to conduct business with Helium Cart at any time and for any or no reason, even as access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the web site, and destroy any copies you have made of any portion of the web site content. The access of the web site or Products or Services after such termination shall constitute an act of trespass. You agree that Helium Cart shall not be liable to you or any third party for any termination of your access to the web site or Helium Cart Services.
Disclaimer of Warranties
HELIUM CART MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE HELIUM CART PRODUCTS OR SERVICES, OR ITS INFORMATION OR CONTENT. USAGE IS AT YOUR OWN RISK.
Limitation of Liability
Compliance with Law including Export Control
You agree to use the web site in strict compliance with all applicable laws, rulings and regulations and in ways that do not, in the sole judgment of Helium Cart, negatively reflect on the goodwill or reputation of Helium Cart and shall take no actions which would cause Helium Cart to be in violation of any laws, rulings or regulations applicable to Helium Cart. Helium Cart and the web site (https://www.gethelium.com and https://heliumcart.com) are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the content (including any software or services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the content (including any software or Services) or information, you represent that you will strictly act in accordance with the agreed-to license/licence, and are not located in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or services).
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE GETHELIUM.COM OR HELIUMCART.COM WEB SITE, THE HELIUM CART INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE CITY OF NEW HAVEN, CONNECTICUT, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE HELIUM CART INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR AS LIMITED BY APPLICABLE LAW.
Governing Law and Applicable Language
You agree that without regard to any statue or contrary law that any claim or cause arising out of your usage of this web site or its services must be filed within six (6) months after such claim or cause arose or the claim shall be barred forever.
Keeping a Written Copy for Your Records
For Quebec Residents
Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.
Questions or comments regarding the web site may be directed to Helium Cart Customer Service using the contact information or forms available at https://www.gethelium.com or https://heliumcart.com.
HELIUM CART TERMS OF SERVICE
These Helium Terms of Service (this "Agreement") are entered into by the owner of Helium Cart, Treacyfaces, and the entity executing this Agreement ("You"). This Agreement governs Your use of the Helium payments and analytics service (the "Service"). BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. In consideration of the foregoing, the parties agree as follows:
- "Account" refers to the billing account for the Service.
- "Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information.
- "Customer Data" means the data concerning the characteristics and activities of Visitors that is collected through use of the Helium API and then forwarded to the Servers. This data will be used to track Customer Payments and analyzed using our Processing Software.
- "Customer Payments" means the transactions, and related data, made by a Customer with the intent of purchasing a product or service from You.
- "Documentation" means any accompanying documentation made available to You by Helium Cart for use with the Processing Software, including any documentation available online.
- "Helium API" means the Helium Tracking Code, which is installed on a Property for the purpose of collecting Customer Data and accepting Customer Payments, together with any fixes, updates and upgrades provided to You, and related API endpoints on Helium Cart servers.
- "Processing Software" means the Helium Cart server-side software and any upgrades, which facilitates and tracks the Customer Payments, analyzes the Customer Data, and generates the Reports.
- "Profile" means the collection of settings that together determine the information to be included in, or excluded from, a particular Report. For example, a Profile could be established to view a small portion of a web site as a unique Report. There can be multiple Profiles established under a single Property.
- "Property" means a group of web pages or apps that are linked to an Account and use the same Account. Each Property includes a default Profile that measures all pages within the Property.
- "Report" means the resulting analysis delivered, by request, to You from Helium Cart.
- "Servers" means the servers controlled by Helium Cart (or third-party vendors it works with) on which the Processing Software and Customer Data are stored.
- "Third Party" means any third party (i) to which You provide access to Your Account or (i) for which You use the Service to collect information on the third party's behalf.
- "Visitors" means visitors to Your Properties.
- The words "include" and "including" mean "including but not limited to."
2. Fees and Service.
Subject to Section 15, the Service is provided for the fee of 2% of the sum of all revenue from all Customer Payments processed through the Helium API. Helium Cart may change its fees and payment policies for the Service from time to time including the addition of costs for geographic data, the importing of cost data from search engines, or other fees charged to Helium Cart or its wholly-owned subsidiaries by third party vendors for the inclusion of data in the Service reports. The changes to the fees or payment policies are effective upon Your acceptance of those changes which will be posted at https://www.gethelium.com/account or https://www.heliumcart.com/account. Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement and any collection expenses (including attorneys' fees) incurred by Helium Cart will be included in the amount owed, and may be charged to the credit card or other billing mechanism you have associated with your account.
3. Member Account, Password, and Security.
To register for the Service, You must complete the registration process by providing Helium Cart with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify Helium Cart immediately upon learning of any unauthorized use of Your Account or any other breach of security. Helium Cart’s (or its wholly-owned subsidiaries') support staff may, from time to time, log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues.
4. Nonexclusive License.
Subject to the terms and conditions of this Agreement, (a) Helium Cart grants You a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the Helium API tracking code solely as necessary for You to use the Service on Your Properties or Third Party's Properties; and (b) You may remotely access and view Your Reports stored at https://gethelium.com/orders/. You will not (and You will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; or (vi) use data labeled as belonging to a third party in the Service for purposes other than generating, viewing, and downloading Reports. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.
Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such.
6. Information Rights and Publicity.
Helium Cart and its wholly owned subsidiaries may retain and use information collected in Your use of the Service. Helium Cart will not share Your Customer Data or any Third Party's Customer Data with any third parties unless Helium Cart (i) has Your consent for any Customer Data or any Third Party's consent for the Third Party's Customer Data; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of Customer Data is reasonably necessary to protect the rights, property or safety of Helium Cart, its users or the public; or (iii) provides Customer Data in certain limited circumstances to third parties to carry out tasks on Helium Cart’s behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Helium Cart. When this is done, it is subject to agreements that oblige those parties to process Customer Data only on Helium Cart’s instructions and in compliance with this Agreement and appropriate confidentiality and security measures.
We may share Customer Data, details about your Customer Payments, and your personal information with:
- Institutions (such as Stripe) whom we partner with to process credit card purchases.
- Service providers under contract who help with parts of our business operations such as fraud prevention, bill collection, marketing and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
- Credit bureaus to report account information, as permitted by law.
- Law enforcement, government officials, or other third parties when
- we are compelled to do so by a subpoena, court order or similar legal procedure
- we need to do so to comply with law or credit card rules
- we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement.
- Other third parties with your consent or direction to do so.
Helium Cart will not sell or rent any of your personal information to third parties for their marketing purposes and only shares your personal information with third parties as described in this policy.
To the extent permitted by applicable law, You will indemnify, hold harmless and defend Helium Cart and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against Helium Cart or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by Helium Cart or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Software or Reports. Helium Cart will provide You with written notice of any claim, suit or action from which You must indemnify Helium Cart. You will cooperate as fully as reasonably required in the defense of any claim. Helium Cart reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
9. Third Parties.
If You use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by Helium Cart to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) Helium Cart may share with the Third Party any Customer Data that is specific to the Third Party's Properties, and (c) You will not disclose Third Party's Customer Data to any other party without the Third Party's consent.
10. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, HELIUM SOFTWARE MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
11. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HELIUM SOFTWARE WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF HELIUM SOFTWARE OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. HELIUM CART SOFTWARE'S (AND ITS WHOLLY OWNED SUBSIDIARIES' TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $500 (USD).
12. Proprietary Rights Notice.
The Service, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of Helium Cart (and its owner and wholly owned subsidiaries). All rights in and to the Software not expressly granted to You in this Agreement are reserved and retained by Helium Cart and its licensors without restriction, including, Helium Cart’s (and its wholly owned subsidiaries') right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service or Software outside of the scope of the license granted in this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Software or the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Helium Cart; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Helium Cart (or its wholly owned subsidiaries) other than in the name of Helium Cart (or its wholly owned subsidiaries, as the case may be); or (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
13. Term and Termination.
Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, Helium Cart will stop providing, and You will stop accessing the Service; and You will delete all copies of the Helium API tracking code from all Properties and certify thereto in writing to Helium Cart within 3 business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full and (c) all of Your historical Report data will no longer be available to You.
14. Modifications to Terms of Service and Other Policies.
Helium Cart and its owner may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. Helium Cart will post notice of modifications to these terms at https://gethelium.com/account/ or https://heliumcart.com/account/ or policies referenced in these terms at the applicable URL for such policies. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use of the Service. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Helium Cart, (ii) You accept updated terms online, or (iii) You continue to use the Service after Helium Cart has posted updates to the Agreement or to any policy governing the Service.
15. Miscellaneous, Applicable Law and Venue.
Helium Cart will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between You and Helium Cart concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by and construed under the laws of the state of Connecticut without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Connecticut law, rules, and regulations, Connecticut law, rules and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in New Haven, CT. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to Helium Cart must be sent to: Helium Cart, P.O. Box 26036, West Haven, CT 06516-8036 USA, with a copy addressed to its Legal Department, via registered / certified / readily trackable first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights in this Agreement without Helium Cart’s prior written consent, and any such attempt is void. The relationship between Helium Cart and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The following sections of this Agreement will survive any termination thereof: 1, 4, 5, 6 (except the last two sentences), 7, 8, 9, 10, 11, 12, 14, and 16.
©Helium Cart. “Helium Cart™” and its visual styling, and the distinctive airship depictions used in Helium Cart marketing since its launch, are trademarks. All world rights reserved. Any other trademarks or service marks used are the properties of their respective owners, with no intent to infringe.