Haystax Privacy Policy

Date of Last Revision: September 29, 2022

OES Policy:

This Website is operated by Octane Enterprise Solutions, LLC (“OES”, “we”, “us” and/or “our”) and has been created to provide information about OES and our HaystaxTM platform designed to utilize dynamic startup evaluation rubrics (also referred to as Capital Readiness RubricsTM) used to generate analytical data (also referred to as Capital Predict AnalyticsTM) to assist venture studios, incubators, accelerators, venture capitalists, angel groups, and general early stage investors in determining the potential viability of startups (together with the Website, the “Services”) to our Service visitors (“you”, “your”). This Privacy Policy sets forth OES’s policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from visitors to the Website and Services. “Personal Data” means any information which relates to a living, identifiable person. It can include names, addresses, telephone numbers, email addresses, etc. but it is wider than that and includes any other information relating to that person or a combination of information which, if put together, means that the person can be identified. “Data Subject” means the person whose personal data is being processed.

“Data Controller” means the organization which is responsible for processing data and ensuring that Personal Data is processed in accordance with data protection law.

Information We Collect:

When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Services:

We may collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services. We may also collect information about you that does not uniquely identify you if you choose to provide us with such information. Wherever OES collects Personal Data we make an effort to provide a link to this Privacy Policy.

By voluntarily providing us with Personal Data, or taking advantage of the Services in such a way that Personal Data may be collected through third parties (such as through Capital Readiness RubricsTM that might be completed by third parties about your or a company with which you are affiliated), you are consenting to our use of it in accordance with this Privacy Policy. You acknowledge and agree that any such Personal Data may be transferred from your or a third party’s current location to the offices and servers of OES and the authorized third parties referred to herein located in the United States.

When you interact with OES through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you

OES may store such information itself or such information may be included in databases owned and maintained by OES affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Website, the number of visitors to each page of our Website, the domain names of our visitors’ Internet service providers, and how you or a company with which you are affiliated compares to other users of the Services. It is important to note that no Personal Data is available or used in this process.

In operating the Services, we may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Website may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Website. In all cases in which we use cookies, we will not collect Personal Data except with your permission.

The information we collect by automated means may include, but is not limited to, the following:

  • information about the devices you use to access the Internet (such as the IP address and the type of the device, operating system, and web browser);
  • dates, times, and duration of visits to the Website (including whether you are a registered member or first time visitor); and
  • information on actions taken on the Website (such as page views and site navigation patterns).

On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features.

Aggregated Personal Data:

In an ongoing effort to better understand and serve the users of the Services, OES often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and OES may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. OES may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Our Use of Your Personal Data and Other Information:

OES uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. OES and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services. OES and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

Additionally, we may use the information we collect to:

  • process and complete your transactions including, as applicable, order confirmation, and billing;
  • customize the content and/or layout of our Website for each individual member, including providing you with personally tailored special offers, programs, and promotional information;
  • contact you regarding your use of the site;
  • send you text messages if you enroll in the OES SMS Alert and Notification Service;
  • register you to receive emails or other information or materials you request;
  • respond to questions and comments and provide customer support;
  • communicate with you about our promotions and other services, and provide information to you about programs, products, or services that we believe may be of interest to you, or share with you special offers from specially selected business partners of ours;
  • operate, evaluate, and improve our business and the products and services we offer;
  • enforce our End User License Agreement and other agreements; and
  • comply with applicable legal requirements or obligations and industry standards.

We may enable you to sign into the Website via social networks or access social networks through the Website. If you do so, your use of the social network is governed by such social network’s terms and conditions and privacy policies. If you sign into the Website via a social network or access a social network through the Website, you may be asked to grant OES access to certain information from your social network profile. We may use this information to help you personalize your experience with the Website, to suggest new features and content that may be relevant to you, or for statistical or other business purposes.

We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

We may enable third parties to collect information in connection with our Website. This Privacy Notice does not apply to, and we are not responsible for, any collection of information by third parties on our Website.

If OES intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information:

OES is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy. Agents, Consultants and Related Third Parties: OES, like many businesses, sometimes hires other agents, consultants or related third parties to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, improving the content and functionality of the Services, and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: OES may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of OES, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

Your Choices:

You can visit the Website without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

Exclusions:

This Privacy Policy does not apply to any Personal Data collected by OES other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to OES through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and OES shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

How We Respond to Do Not Track Signals:

Your web browser may let you choose your preference as to whether you want to allow websites to collect personal information over time about your online activities across different websites or online services. At this time our Website does not respond to the preferences you may have set in your web browser regarding the collection of your information, and our Website may continue to collect information in the manner described in this Privacy Notice.

Children:

OES does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission.

Links to Other Web Websites:

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by OES (the “Third Party Websites”). The policies and procedures we described here do not apply to the Third Party Websites. The links from the Services do not imply that OES endorses or has reviewed the Third Party Websites. We suggest contacting those sites directly for information on their privacy policies.

Integrating Third-Party Single Sign-On Services:

One of the special features of the Service is that it allows you to enable or log in to the Services via various third-party services like LinkedIn or Gmail (“Third-Party Single Sign-On Service(s)”). By directly integrating these services, we make your online experiences richer and more personalized. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant Third-Party Single Sign-On Service. When you add a Third-Party Single Sign-On Service account to the Service or log into the Service using your Third-Party Single Sign-On Service account, we will collect relevant information necessary to enable the Service to access that Third-Party Single Sign-On Service and your data contained within that Third-Party Single Sign-On Service. As part of such integration, the Third-Party Single Sign-On Service will provide us with access to certain information that you have provided to the Third-Party Single Sign-On Service, and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which Third-Party Single Sign-On Service use, store and disclose your information is governed by the policies of such third parties, and OES shall have no liability or responsibility for the privacy practices or other actions of any Third-Party Single Sign-On Services that may be enabled within the Service.

You may also have the option of posting your Services activities to Third-Party Single Sign-On Services when you access content through the Services (for example, you may post to LinkedIn that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any Third-Party Single Sign-On Services you have enabled will be able to view such activity.

Security:

OES takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to OES via the Internet.

Other Terms and Conditions:

Your access to and use of the Services is subject to the Haystax End User License Agreement at www.haystax.ai/eula.

Changes to OES’s Privacy Policy:

The Services and our business may change from time to time. As a result, at times it may be necessary for OES to make changes to this Privacy Policy. OES reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. You are responsible for periodically reviewing the Website and this Privacy Notice to check for any updates or changes.

Your Rights:

These are your rights in relation to your Personal Data how it is processed. Where we process your personal data, you have a number of rights over how the data is processed and can exercise these rights at any point. We have provided an overview of these rights below together with what this entails for you.

  • The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your Personal Data and your rights. Therefore, we’re providing you with the information in this Notice.
  • The right to access and rectification. You have the right to access, correct or update your Personal Data at any time. We understand the importance of this and should you want to exercise your rights, please contact us.
  • The right to data portability. The Personal Data you have provided us with is portable. This means it can be moved, copied or transmitted electronically under certain circumstances.
  • The right to be forgotten. Under certain circumstances, you have right to request that we delete your Personal Data. If you wish to delete the Personal Data we hold about you, please let us know and we will take reasonable steps to respond to your request in accordance with legal requirements. If the Personal Data we collect is no longer needed for any purposes and we are not required by law to retain it, we will do what we can to delete, destroy or permanently de-identify it.
  • The right to restrict processing. Under certain circumstances, you have the right to restrict the processing of your Personal Data.
  • The right to object. Under certain circumstances, you have the right to object to certain types of processing, including processing for direct marketing (i.e., receiving emails from us notifying you or being contacted with varying potential opportunities).
  • The right to lodge a complaint with a Supervisory Authority. You have the right to lodge a complaint directly with any local Supervisory Authority about how we process your Personal Data.
  • The right to withdraw consent. If you have given your consent to anything we do with your Personal Data (i.e., we rely on consent as a legal basis for processing your Personal Data), you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your Personal Data with your consent up to that point is unlawful). You can withdraw your consent to the processing of your Personal Data at any time by contacting us with the details provided below.
  • Rights related to automated decision-making. You have the right not to be subject to a decision which is based solely on automated processing and which produces legal or other significant effects on you. In particular, you have the right:
    • to obtain human intervention;
    • to express your point of view;
    • to obtain an explanation of the decision reached after an assessment; and
    • to challenge such a decision.
Further information and advice about your rights can be obtained from the data protection Regulator in your State or Country.

Exercising your rights, queries and complaints

If, (a) you would like more information on your rights; (b) you would like to exercise any right; (c) you have any queries relating to OES processing of your personal data; or (d) you wish to complain, please contact:

Attn: Data Protection Department
Octane Enterprise Solutions, LLC
65 Enterprise
Aliso Viejo, California 92656
Email: support@haystax.ai

Access to Information; Contacting OES:

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services. Please also feel free to contact us if you have any questions about OES’s Privacy Policy or the information practices of the Services. You may contact us as follows: support@haystax.ai.