This Agreement was last updated on September 25, 2016.
This Agreement sets forth the standards of use of HyperGrowth’s Services. By using the hypergrowth.co website you (the “User”) agree to these terms and conditions. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the hypergrowth.co website. Your continued use of the Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
1. Description of Service
HyperGrowth provides User with website services.
2. Disclaimer of Warranties
The site is provided by HyperGrowth on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, HyperGrowth makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. HyperGrowth shall have no liability for any interruptions in the use of this Website. HyperGrowth disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
HyperGrowth shall not be liable for any damages whatsoever, and in particular HyperGrowth shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if HyperGrowth has been advised of the possibility of such damages.
User agrees to indemnify and hold HyperGrowth, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Services, the violation of this Agreement, or infringement by User, or other user of the Services using User’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
HyperGrowth reserves the right to modify or discontinue the Services with or without notice to the User. HyperGrowth shall not be liable to User or any third party should HyperGrowth exercise its right to modify or discontinue the Services. User acknowledges and accepts that HyperGrowth does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While HyperGrowth makes necessary effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. HyperGrowth makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any Website reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts of Singapore
Our website is operated and provided in the Republic of Singapore. As such, we are subject to the laws of Singapore, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of Singapore.
9. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Other Terms
Copyright and Trademark Information
1. Trademark Information
HyperGrowth, the HyperGrowth logo, Audience Kit, HyperIntent and the Audience Kit logo are registered trademarks of HyperGrowth Pte. Ltd. All other marks are the property of their respective owners. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with HyperGrowth.
2. Copyright Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof, with all rights reserved, or is the property of HyperGrowth Pte. Ltd. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of HyperGrowth Pte. Ltd. is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of HyperGrowth Pte. Ltd
Privacy and Policy Statement
HyperGrowth Marketing Services
HyperGrowth buys advertising space on mobile applications and similar digital properties on behalf of our Clients. Pursuant to those Services, we collect information across the mobile apps and sites you visit to create interest segments in order to make advertising messages more relevant. We also receive data from Clients to help inform and improve their advertising campaigns (“Client Data”). Client Data is used subject to the privacy policies of HyperGrowth’s clients. None of this information may be used by HyperGrowth to personally identify you.
Information Collected by HyperGrowth Mobile Marketing Service
HyperGrowth’s Services collect information pursuant to delivering advertising messages and when those messages are viewed, clicked or otherwise interacted with by users. This information can’t be used to personally identify you and includes:
Device Information – Information about your device, such as the kind of mobile device you use (e.g., iPhone, Samsung), the operating system for your mobile device (e.g., Android, Apple iOS), the mobile carrier name, the Internet Connection type, the IP address, user agent string, Internet browser (e.g., Chrome, Safari), and similar information, as well as unique device identifiers such as iOS Identifier for Advertising (IDFA) or Android Advertising ID. This information makes your device distinct enough for our systems to determine within a reasonable probability that they are encountering the same computer or device;
Ad serving information – This information includes information about the particular ads served, viewed, or clicked on, such as the type of ad, on which mobile app the ad was served, whether that ad was clicked on, the cost of the ad, and whether you visited our Client’s website or purchased the product or service advertised; and
Client Data – Sometimes Clients pass us information about their customers, including demographic information, information about customer activity in their sites and apps (e.g., registrations and purposes), including the content viewed or searches made, and language preferences. These data is obtained with the purpose of completing our services obligation to the Client, and shall not be further processed in any manner incompatible with that purpose.
Information Use by HyperGrowth Marketing Services
We use the information we obtain to provide and improve HyperGrowth’s Services, including for the following purposes:
Facilitating Ad Campaigns – Information we collect is utilized to help manage our advertising campaigns, determine which ad slots are optimal for those ads, targeting ads based upon time/date metrics, frequency capping, and otherwise optimizing advertising into mobile apps;
Ad Reporting – Our Services help advertisers determine how many ads were delivered in a particular campaign, how many ads were clicked on, and how many mobile application downloads were encouraged by a particular campaign;
Fraud Detection and Prevention – We use information we have to help us identify invalid clicks (or ad queries) and protect HyperGrowth Clients from fraudulent behavior;
Interest-Based Advertising – Our systems collect information over time and across multiple non-affiliated apps in order to target ads based upon inferred user interests on an aggregated and anonymous basis; and
Improving the Services – We may use the information that we have for any legitimate business purpose including but not limited to auditing, researching, and analyzing data in order to maintain, protect, operate, and improve our Services, optimize our ad serving algorithms, develop new services, resolve technical issues and ensure that our systems function properly.
We may disclose and use personally identifiable information to resolve disputes, troubleshoot problems, enforce our Terms of Service, or to alert you to changes in our policies or agreements that may affect your use of our Website.
Information Sharing, Onward Transfer
We disclose the information in our systems for the following purposes:
With HyperGrowth Clients pursuant to serving ads on their behalf, when you click on their ad and/or download their mobile application;
With third parties such as advertising exchanges in order to bid on and purchase advertising inventory in mobile apps on behalf of HyperGrowth Clients;
In response to legal process (for example, a court order, search warrant or subpoena);
When we, in our sole discretion, believe it is necessary or appropriate, in connection with a sale or transfer of some or all of our assets, or when we, in good faith, believe that the law requires us to do so;
In other circumstances when necessary either to protect the rights or property of HyperGrowth, HyperGrowth Clients, and/or third parties;
We share information with third parties at an aggregated level for sales, marketing or other business purposes; and
We may transfer information to a successor entity in connection with a corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change. If HyperGrowth is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personally identifiable information, as well as any choices you may have regarding your information.
We process information in a way that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for those purposes, we take reasonable steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use.
HyperGrowth adheres to the Children’s Online Privacy Protection Act. We do not create nor use any behavioral advertising segments of children under 13 as part of our Services. Our Website is not directed at children under the age of 13. If we are made aware that we have received personally identifiable information from someone under 13, we will use reasonable efforts to remove that information from our records.
The security of your information is important to us, including but not limited to the personally identifiable information collected via the website. HyperGrowth has implemented reasonable security measures to protect the information, both during transmission and once it is received. This includes but is not limited to the use of firewalls and encryption. No method of transmission over the Internet or method of electronic storage is 100% secure; therefore, while the company strives to use commercially acceptable means to protect your information, it cannot guarantee absolute security.
Links to Other Content
HyperGrowth takes end user privacy seriously and respect end user’s preference in the participation of targeted advertising. Users of iOS devices may select “limit ad tracking” or reset advertising identifier found within Settings > Privacy > Advertising (as of iOS 10) while users of Android devices can similarly “opt-out of interest based ads”. HyperGrowth’s products fully respect the mobile device settings and will no longer use any information about that device for the purpose of targeted advertising.
Alternatively, you can write to us at firstname.lastname@example.org with your device identifier with the subject line “opt-out”.