“HGABid”, “Company,” “we,” “us,” and “our” refer to Pulse Promotions, Inc dba HGABid. “HGABid Acceptable Use Policy” means certain terms and conditions relating to the use of the HGABid Services, available at <https://HGAfundraising.com/legalese>, as same may be updated from time to time, and which are hereby incorporated into this Agreement. “HGABid App” means the HGABid Bidding Application website. “HGABid Platform” means the web-based auction Customer interface accessible at https://hgabid.com/admin which enable Customer to configure and manage their bidding site and other aspects of the system. “HGABid Properties” means the HGABid Website, the HGABid App, the HGABid Platform, the Documentation, and the technical support made available by HGABid to Customer in connection with the HGABid Services. “HGABid Service(s)” means the services provided by HGABid under this Agreement, including all software, programs, features, functions and report formats, and subsequent updates or upgrades of any of the foregoing, including the HGABid Properties or other services otherwise made available by HGABid to you. “HGABid Website” means the public facing website located at <https://HGAFundraising.com/>, including all of its features and content. “Customer” means the individual or entity entering into an agreement or activating an account with HGABid for the use of HGABid Services or purchasing or otherwise using the HGABid Services for a Customer Event as well as such Customer’s representatives and agents. “Customer Event” means a [fund-raising] event that interfaces with the HGABid Services and includes any services (whether web-based or otherwise) made available to the Customer and End Users through the HGABid Website, the HGABid App and/or the HGABid Platform. “Customer Data” means any Data provided directly by Customer to HGABid or uploaded, entered or exported by Customer into the HGABid Services or of which Customer is the source. “Data” means data and other information made available to HGABid through the use of the HGABid Services under this Agreement, including End User information, organizational contact information, auction item data, bid data and post event reconciliation data and any data uploaded directly by Customer into the HGABid Services; provided by Customer to HGABid for upload to, entry in or use with the HGABid Services; uploaded or provided by an End User (except for credit card numbers, expiration dates and security codes) using the HGABid App; Customer Data; and compiled data relating to a Customer Event, including but not limited to End Users information and item records or bids. “Documentation” means all of the instructions, online help files and technical documentation made available by HGABid in connection with use of the HGABid Services. “End User” means a user of the HGABid Services in relation to a Customer Event and includes but is not limited to guests and bidders. “Equipment” means any equipment, hardware, personal electronic devices, media devices or any other non-software product provided by HGABid to Customer including but not limited to Readers. “Personal Information” means any information about an identifiable individual. This may include, for example, an individual’s name, contact information, email address, information relating to his/her HGABid’s account, including the HGABid Services used, as well as banking information. It may also include other types of more technical information such as Customer/End User IP addresses, meta-data or browser history, but only when this information can identify you as an individual. Personal information that is de-identified and/or aggregated and cannot be associated with an identifiable individual is not considered to be personal information. “Quoted Fees” means the schedule of fees or pricing, as such may be updated from time to time, or any invoice(s) issued to Customer. “you,” “your,” or “yours” refer to either a Customer or End User as the case may be or any other person or entity that accesses or uses the HGABid Services.
3.Fees and Payments 3.1 Fees. Customer agrees to pay all Quoted Fees. In addition, if applicable, Customer agrees to pay any applicable support or travel related fees in connection with Customer’s order of any separate support services. [Unless stated otherwise, all fees are in US dollars.] 3.2 Taxes. Unless otherwise stated, all applicable federal, state, provincial or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against HGABid, will be payable by Customer. Customer will not withhold any taxes from any amounts due to HGABid. 3.3 Invoicing. Subject to certain credit requirements as determined by HGABid, HGABid may agree to allow Customer to pay amounts due hereunder in arrears. In such event, Customer will make all of the payments due hereunder by the earlier of the date stated in the Quoted Fees or within 30 days of the date of any invoice(s) for the Quoted Fees. If Customer is overdue on any payment and fails to cure such non-payment within 10 days of the due date, then HGABid may assess and Customer will pay interest on all amounts due at the lesser rate of 1% per month or the maximum amount allowable by law. In no event shall Customer be liable for interest in excess of that allowable by law. 3.4 Disputes. Customer will notify HGABid in writing in the event Customer disputes any portion of any fees paid or payable by Customer under this Agreement. Customer will provide such notice to HGABid within 30 days of the applicable charge and the parties will work together to resolve the applicable dispute promptly. Upon expiration of the 60 day period described in this Section 3, Customer will not be entitled to dispute any fees paid or payable by Customer. 3.5 Suspension. Customer acknowledges that, in the event Customer’s usage exceeds the amounts prepaid by Customer or any other failure to pay amounts due as described in this Section 3, HGABid will be entitled to suspend the HGABid Services associated with Customer’s account without prior notice to Customer. HGABid will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to any suspension of HGABid Services pursuant to this Section 3. 3.6 Collection. Notwithstanding the terms of Section 9.3, and to the extent allowed under applicable law, HGABid may pursue any amounts payable by Customer to HGABid by any legal process available and Customer submits to the exclusive jurisdiction of the federal or state courts within California for any action relating to the collection of Quoted Fees or any other amounts payable by Customer. Customer shall pay to HGABid any and all costs of collection of any Quoted Fees or any other amounts payable by Customer, including without limitation lawyer’s fees. 3.7 Deposit. Customer acknowledges that if, for whatever reason, HGABid believes, in its entire discretion, that there is any risk that it will be unable to collect any amounts due from Customer, HGABid may require Customer to provide security, in the form of a cash or credit card deposit, to secure Customer’s payment obligations before HGABid pre-pays for travel or ships any Equipment to Customer. 3.8 End User Payments. End User agrees to immediately pay all amounts for which End User is a successful bidder in any Customer Event or any other amounts End User agrees to on the HGABid Services. 4.Ownership and Confidentiality 4.1 Ownership Rights. HGABid exclusively owns and reserves all rights, title and interest in and to the HGABid Services and HGABid’s Confidential Information (as defined below in Section 4.3 (Confidentiality)). Customer exclusively owns and reserves all right, title and interest in and to the Customer Data and Customer’s Confidential Information (as defined below in Section 4.3 (Confidentiality)). 4.2 Use of Licensor Marks. Subject to the terms of this Agreement, each Customer and HGABid, as the case may be, (the “Licensor”) grants to the other (the “Licensee”) the right to use and display Licensor’s name and marks (the “Licensor Marks”) on its website and in other promotional materials solely in connection with its activities under this Agreement. Any such use of the Licensor Marks will inure to the benefit of Licensor. Licensee will not use, register or take other action with respect to any of the Licensor Marks, except to the extent authorized in advance writing by Licensor. In its efforts, Licensee will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. Licensee will not, at any time, misrepresent its relationship with Licensor. Licensee will not present itself as an affiliate or other legal agent of Licensor. The license described in this Section 4.2 and granted by HGABid shall be valid only so long as Customer has paid in full for any HGABid Services and is not in default of this Agreement or any other agreement with or obligation to HGABid and will terminate upon the end of any Customer Event. 4.3 Confidentiality. (a) Definition. “Confidential Information” means any information or data of any nature and in any form concerning any aspect of the business or affairs of HGABid or that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure or is otherwise not generally known to the public. “Confidential Information” does not include any information which: is publicly available (other than information that becomes publicly available through the action or fault of receiving party); was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party’s rights or duties; or is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information. (b) Use and Disclosure. Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section 4.3. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law. 4.4 Injunctive Relief. Customer and End User expressly acknowledge and agree that no adequate remedy exists at law for an actual or threatened breach of this Section 4 and that, in the event of an actual or threatened breach of the provisions of this Section 4, HGABid will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Section 4.
6. Disclaimer HGABID HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. HGABID’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MAXIMUM PERMITTED UNDER LAW.
7. Exclusion of Damages; Limitation Of Liability HGABID WILL NOT BE LIABLE TO YOU, UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER OR TO YOU FOR ANY DIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF HGABID HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. HGABID WILL NOT BE LIABLE TO END USER, UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES. HGABID WILL NOT BE LIABLE TO CUSTOMER, UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE TWELVE MONTHS PRECEDING THE INCIDENT OR CLAIM. THE PROVISIONS OF THIS SECTION 7 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
8. Customer Right to Use the HGABid Services 8.1 Customer’s right to utilize the HGABid Services begins when Customer has paid in full (or made payment arrangements approved and accepted by HGABid) for any HGABid Services and continues so long as Customer is not in default of this Agreement or any other agreement with or obligation to HGABid.
9. Indemnification and Disputes 9.1 Indemnification Indemnification by Customer. Customer will defend, indemnify and hold HGABid harmless against any actual or threatened claim, loss, liability, damage, expense, cost, attorney’s fees, proceeding, third-party discovery demand, governmental investigation or enforcement action (“Claim”) arising out of or relating to Customer’s activities under this Agreement or use of any HGABid Services or Customer’s acts or omissions in connection with Customer Data, including without limitation, any intellectual property claims relating to the Customer and any violation by Customer or its End Users of the terms of Section 2.4 (Restrictions). Customer will cooperate as fully as reasonably required in the defense of any Claim, at Customer’s expense. HGABid reserves the right, at Customer’s expense, to retain separate counsel for HGABid or, if Customer has not responded reasonably to the applicable Claim, to assume the exclusive defense and control of any matter in which Customer is a named party and that is otherwise subject to indemnification under this Section 9. Customer will pay all costs, reasonable lawyers’ fees and any settlement amounts or damages awarded against HGABid in connection with any Claim. Customer will also be liable to HGABid for any costs and lawyers’ fees HGABid incurs to successfully establish or enforce its right to indemnification under this Section 9. Indemnification by End User. End User will defend, indemnify and hold HGABid harmless against any actual or threatened claim, loss, liability, damage, expense, cost, lawyer’s fees, proceeding, third-party discovery demand, governmental investigation or enforcement action (“Claim”) arising out of or relating to End User’s activities under this Agreement, use of HGABid Services, or End User’s acts or omissions in connection with the provision of any Data, including without limitation, any intellectual property claims relating to any Data provided by the End User and any violation by End User of the terms of Section 2.4 (Restrictions). End User will also be liable to HGABid for any reasonable costs and attorneys’ fees HGABid incurs to successfully establish or enforce its right to indemnification under this Section 9. 9.2 Governing Law. This Agreement is governed by the substantive laws of the State of California, exclusive of its rules governing choice of law and conflict of laws, except as provided in Section 9.3. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods. 9.3 Arbitration. Except as provided in this Section 9.3 or for the collection of any Quoted Fees or monies payable to HGABid by End User, and to the extent allowed under applicable law, any dispute arising under this Agreement will be determined by binding arbitration held solely in the metropolitan Detroit, California area in accordance with the provisions of the Federal Arbitration Act, 9. U.S.C. §§1-16, as amended (the “Federal Arbitration Act”). (a) Details. The arbitration will be governed by the then-current terms of the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”) and will be held with a single arbitrator appointed in accordance with the Rules. The award of the arbitrator will be based on the evidence admitted and the substantive law of the State of California and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify the terms of this Agreement. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction. Each party will be entitled to obtain a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This Section 9.3 does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party. (b) Injunctive Relief. Notwithstanding any provision in this Section 9.3 to the contrary, HGABid may seek injunctive relief to enjoin or prevent any action you take or threaten to take in violation of the terms of this Agreement. (c) Individual Basis Only. It is the intent of the parties to require any claims or controversies between them to be submitted to arbitration on an individual basis only. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, CLAIMS SUBJECT TO THIS ARBITRATION PROVISION MAY NOT BE JOINED OR CONSOLIDATED IN ARBITRATION WITH ANY CLAIM OF ANY OTHER PERSON OR BE ARBITRATED ON A CLASS BASIS, IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ON BEHALF OF ANY OTHER PERSON, UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING. 9.4 Jurisdiction. To the extent allowed under applicable law, Customer, End User and HGABid submit exclusively to the personal jurisdiction of the federal and state courts located in California with respect to any claims or disputes between any of them and HGABid, that are not otherwise subject to Section 9.3 and arbitration, and each party waives any defense to such jurisdiction including those based on venue or forum non conveniens.
10. General 10.1 Assignment. Customer and/or End User will not assign or otherwise transfer any of its rights under this Agreement or of any purchased services from HGABid, in whole or in part, without HGABid’s prior written consent. Any attempted assignment, delegation, or transfer in violation hereof will be null and void. 10.2 No Waiver. Any waiver of any breach or default by HGABid will not constitute a waiver of any other right or any subsequent breach or default. Failure or delay by HGABid to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. 10.3 Relationship. Each party is an independent contractor in the performance of each and every part of this Agreement. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of this Agreement. Neither Customer nor End User has the authority to commit HGABid in any way and will not attempt to do so or imply that it has the right to do so. Notwithstanding the foregoing, Customer shall pay to HGABid any and all costs of collection of any Quoted Fees or other amounts payable to HGABid, including without limitation attorney’s fees. 10.4 Unenforceability. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of this Agreement will continue in full force and effect. 10.5 Notices. Any notice required or permitted to be given hereunder will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, or by overnight delivery. HGABid may use Customer’s current address, as provided by Customer in connection with billing and payment activities. HGABid’s current address may be found on its website. 10.6 Other Terms. This Agreement supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written. No oral or written information or advice given by HGABid, its agents or employees will create a warranty or in any way increase the scope of the warranties in this Agreement. There will be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof. 10.7 Force Majeure. A party is not liable under this Agreement for non-performance caused by events or conditions beyond that party’s control (each, a “Force Majeure Event”) if the party makes reasonable efforts to perform. HGABid may terminate the Customer purchased HGABid Services on written notice to Customer if the Force Majeure Event continues more than 30 days. 10.8 Government Terms. HGABid provides the HGABid Services, including related software and technology, for ultimate federal government end use solely in accordance with the terms of this Agreement. If Customer (or any of its customers) is an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the HGABid Services, or any related documentation of any kind, including technical data, software, and manuals, is restricted by the terms of this Agreement. All other use is prohibited and no rights than those provided in this Agreement are conferred. The HGABid Services were developed fully at private expense. Availability. Like all web services, HGABid’s web sites delivering the products and services may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although HGABid will make reasonable effort to minimize such downtime, HGABid does not guarantee 100% availability of its products and services.
General Terms and Conditions
Last Updated: September 2019 This Acceptable Use Policy describes actions that HGABid, prohibits when you use the HGABid Website, the HGABid App, the HGABid Platform and/or any other HGABid Service (the “HGABid Service(s)”). The terms “you,” “your,” and “yours” refers to any person or entity that accesses or uses the HGABid Services. This Acceptable Use Policy is incorporated by reference to our Terms of Service and our Website Terms and Conditions. Our Terms of Service take precedence over any conflicting provision of this Acceptable Use Policy. BY USING THE HGABID WEBSITE, THE HGABID APP, THE HGABID PLATFORM AND/OR ANY OTHER HGABID SERVICE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS ACCEPTABLE USE POLICY AS WELL AS any other terms and conditions of use posted by HGABid on its Website including its TERMS OF SERVICE AND WEBSITE Terms and Conditions. IF YOU DO NOT AGREE TO THIS ACCEPTABLE USE POLICY YOU SHALL NOT USE THE HGABID WEBSITE, THE HGABID APP, THE HGABID PLATFORM AND/OR ANY OTHER HGABID SERVICE. Any term which is not defined in this Acceptable Use Policy shall have the meaning ascribed thereto in the HGABid’s Terms of Serviceand/or Website Terms and Conditions. HGABid may, in its sole discretion, determine whether you are in violation of this Acceptable Use Policy. The HGABid Services may only be used for lawful purposes and may not be used for any illegal activities. Using HGABid Services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of same is prohibited. The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using the HGABid Services. This list is provided by way of example and shall not be considered exhaustive.
Adversely impacting the availability, reliability, or stability of any HGABid Service.
Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any HGABid Service.
Attempting to bypass or break any security mechanism on any HGABid Service or using any HGABid Service in any other manner that poses a security or service risk to HGABid, to any user of any HGABid Service, or to any of our or their respective customers.
Testing or reverse-engineering any HGABid Service in order to find limitations, vulnerabilities or evade filtering capabilities.
Using any HGABid Service in any manner that may subject HGABid or any third party to liability, damages or danger.
Using any HGABid Service in any manner that violates any applicable third party policies or requirements that HGABid has communicated to the customer.
Using any HGABid Service in any manner that violates the Mobile Marketing Association and/or the Interactive Advertising Bureau’s guidelines and/or best practices, carrier guidelines, or any other industry standards.
Engaging in fraud with respect to your account.
Using your account to engage in fraudulent activity with respect to third parties.
Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.
Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations.
Using any HGABid Service in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes.
Using phone numbers provided by HGABid (“HGABid Phone Numbers”) for SMS in a manner that is not designed to enhance or augment the person-to-person nature of SMS communications.
Promoting or engaging in illegal activities.
Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
Harvesting or otherwise collecting information about others, including email addresses or phone numbers, including those located on the HGABid Website, without their express consent.
Scraping any page, data, or portion of or relating to or available through the HGABid Website or any content available through any HGABid Service (through use of manual or automated means).
Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using your account.
Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
Violating or facilitating the violation of any US, Canadian or foreign law regarding the transmission of technical data or software.
Interfering with or disrupting networks connected to the HGABid Services or violating the regulations, policies or procedures of such networks.
Using the HGABid Services, or any component thereof, in a manner not authorized by HGABid.
Remedies Violation of this Acceptable Use Policy may result in the immediate suspension or termination of your account, civil and/or criminal liability, and HGABid may, in addition to any remedy that it may have at law or in equity, terminate permission for you to use any or all HGABid Services. In such event, you are still liable for any and all outstanding charges accumulated through your use of the HGABid Services, including uses in violation of this Acceptable Use Policy or the laws of any jurisdiction. In addition, HGABid may investigate incidents that are contrary to this Acceptable Use Policy and provide requested information to law enforcement agencies and third parties who have provided notice to HGABid stating that they have been harmed by your failure to abide by this Acceptable Use Policy. HGABid’s failure to enforce this policy in each and every instance in which it might have application does not amount to a waiver of HGABid’s rights hereunder. Changes to this Acceptable Use Policy We reserve the right to change this Acceptable Use Policy at any time and from time to time, without any prior notice, by posting the changed Acceptable Use Policy to the HGABid Website. The changed Acceptable Use Policy is effective immediately upon posting on the HGABid Website, unless the changed Acceptable Use Policy expressly states otherwise. It is your responsibility to regularly check the “Last Updated” date at the top of this Acceptable Use Policy and review any changes since the previous version. By using a HGABid Service after this Acceptable Use Policy has been changed by HGABid, you signify your unconditional acceptance and agreement to be bound by the changed Acceptable Use Policy. You may not change this Acceptable Use Policy.
HGABid Mobile Bidding Text Messaging 1. When you opt-in to the service, we will send you an SMS message to confirm your signup. 2. Users of this service can expect to receive welcome text messages upon check in, customized messages during an event, outbid notices when you are being outbid on an auction item and messages to complete an online donation or auction purchase. 3. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. 4. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. 5. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages*** 6. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages on a varying frequency. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to firstname.lastname@example.org.
Last Updated: December 2020 SummaryThis document outlines the data collected by HGABid for the purpose of running online auction services. Questions or comments can be directed to our technical support team at email@example.com.
Personal Data Collected by HGABidBidder Personal Data: HGABid collects identifiable data from Organization donors (Bidders) and stores it securely in our Virtual Private Cloud (VPC) service provided by Amazon Web Services (AWS). This data may include the following information:
Phone (mobile) Number
Phone & Email Notification Preferences
Credit Card Token
Last 4 Digits of Credit Card
HGABid maintains this data within their database and one-way encrypts password information. This data is available to the Bidder so long as they are required to provide a password to bid on auction items. If no password is required, the ability to view and change personal information is not available. This data is also available to the Organization conducting the event and HGABid Administration.Bidder Bid Data: HGABid collects bid information from registered Bidders and stores it securely in the same manner as Bidder Personal Data. This data may include the following information:
Bidder Identification ID
Auction Item Identification ID
Desired Bid Amount
Desired Maximum Bid Amount
Time Bid was Placed
This data is available to a bidder who is successfully logged into the platform. It is also available to the Organization conducting the event and HGABid Administration. Bidder Receipt/Invoice Data: HGABid collects and processes winning bids, donation and purchases from an auction. This data may include the following information:
Winning Bid Amount
Bidder Identification ID
Payment Type ID
This data is available to a bidder who is successfully logged into the platform. It is also available to the Organization conducting the event and HGABid Administration. Organization Data: HGABid collects information from an Organization who wishes to use HGABid Mobile Bidding. We store this data in the same manner as listed above. This data may include the following:
Contact First Name
Contact Last Name
Password (one-way encrypted)
Software Purchase Record(s)
Software Add-on Record(s)
Checking Account Routing Number
Checking Account Number
This data is available to the Organization conducting the event and HGABid Administration.
Purpose of Data Collected by HGABid Bidder Personal Data: HGABid captures this data to assist the Organization in keeping accurate data on their donors. This data also allows a bidder to receive important updates from the software via automated alerts and from the Organization. Bidders who provide this information agree to HGABid terms and conditions.Bidder Bid Data: HGABid captures this data to manage bid histories and current bids on silent auction items created by the charity. These histories allow HGABid to determine winners, and items necessary for payment. This data is also available to the Organization so that they can see Bidder histories, statistics across the entire event to help build better auctions.Bidder Receipt/Invoice Data: HGABid captures this data to show the Bidder that they have yet to pay or have paid for their auction totals. This data is a list of auction items, donations and purchases that the Bidder has made during the auction. The Organization can also use this data to check on the status of a Bidder in the payment process as well as pull statistics on the entire event to see where there was success and potential improvements for future events.Organization Data: HGABid captures this data to assist in overall communication with the Organization using ClickBid. The data is used to send emails, invoices, ACH payments (where applicable) and link to external services like payment processors. This data is also used to organize auction items, Bidders, bids and other data relevant to the Organization. Third Parties Access to User DataBraintree Payments (PayPal): HGABid will provide Braintree Payments bidder name, phone and email data in addition to organizational name, phone and email data. This data is then stored on Braintree vaults.SendGrid: HGABid will provide SendGrid email addresses and email content to this service for the purpose of sending emails through a reliable service. In some of the cases the content of the email will contain names, bidder numbers, address information, etc.Twilio: HGABid will provide Twilio phone numbers and sms content to this service for the purpose of sending text messages through a reliable service. In some of the cases the content of the message will contain names, bidder numbers, address information, etc.Third Party Payment Processors (Bambora, Authorize.net, Stripe, Braintree, Priority Payments, Clear Payments): HGABid will provide these services with names, emails and phone numbers to store in the respective third party vault.A note on credit card numbers: In an effort to maintain the highest level of security, HGABid leverages hosted fields or iFrames whenever possible. This means that credit card data is never transmitted through HGABid’s network. Data is sent directly to the credit processor and token data is sent back to HGABid for storage. Therefore, a Bidder or Organization entering credit card data on any HGABid site is transmitting it directly to the card processor and bypassing any HGABid web service.User Consent Processes All Organizations and Bidders must agree to our terms and conditions which include data consent. If a record is on file in our platform, they have agreed to and consented with our terms and conditions .Data Protection Strategies To protect all data at HGABid, we leverage Virtual Private Cloud (VPC) services from Amazon Web Services. In the case of our data, we do not allow outside access to our database layer. Only approved machines are allowed access along with services located within the VPC.In addition, all our data is organized using indexes to avoid data corruption or data duplication. We also employ data filtering methods on our web layer to avoid malicious data from being executed on our database and compromising information. Regarding payment data, we automatically remove credit card tokens after a specific number of days to avoid maintaining any lingering information. We only retain Organizational tokens for the purposes of renewal.At any time, a Bidder or Organization can request to have their information removed from our system and we will comply within 24 hours of the request. Upon request, we will remove the data from our system and it will no longer be available to execute within our platform.
Using HGABid Credit Processing in the US (provided by BidKit Payments/Stripe) will result in the following fees to the merchant. Processing fee for each transaction is 3.5% with no per transaction fee. Other fees may apply, as applicable: $15.00 per chargeback (in addition to the amount of the chargeback). Refunds: if a merchant refunds a payment in full or in part, neither Stripe nor BidKit Payments will be able to return its processing fees.