Terms & Conditions

Introduction

This Terms of Service (the “Terms”) is a binding legal agreement between Herocoders (“Herocoders”, “we”, “our”, and “us”), and the customer (“you” and “your”), the user of the Atlassian Marketplace Platform, being a person, entity or organization subscribing to our Software-as-a-Service (“SaaS”) Products (as defined below), hereinafter referred to together as the “Parties” and individually as a “Party”.

These Terms govern your use of our cloud-based plug-in applications and SaaS products, offered to you through the Atlassian Marketplace Platform which are both offered to you:

1. on a subscription basis (“Subscription-Based SaaS Products”); or
2. for free i.e. no billing (“Free SaaS Products”).

Subscription-Based SaaS Products and Free SaaS Products shall be hereinafter collectively referred to as the “SaaS Product(s).”

These Terms apply whether you purchase our SaaS Products directly from Herocoders, through the Atlassian Marketplace Platform, through an authorized reseller or otherwise. If you purchase through a reseller, your license rights shall be stated in the order provided to you by the reseller. Resellers are not authorized to make any promises, commitments or impose additional terms and conditions on our behalf, and we are not bound by any obligations to you other than what is included in these Terms.

1. Acceptance of Terms

These Terms apply to all our SaaS Products licensed to you. Before installing, and/or using the SaaS Products, please carefully read these Terms. By installing and/or using the SaaS Products you acknowledge that you have read, understood and agree to be bound by these Terms including without limitation the terms of other documents and/or policies that are incorporated herein by reference. If you are accepting these Terms on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity under these Terms.

If you do not agree to these Terms, or you do not have the necessary authority you are not authorized to install and/or use the SaaS Products for any purpose whatsoever. You are to promptly unsubscribe from the SaaS Products.

Herocoders is a vendor on the Atlassian Marketplace Platform, as such these Terms are governed by the Atlassian Marketplace Terms of Use and related Atlassian terms and conditions (collectively “Atlassian Terms”). If you do not agree with the Atlassian Terms, you shall consequently not be authorized to use the applicable Atlassian Marketplace product and our SaaS Products.

2. Term

Subject to these Terms, and subject to the termination rights stipulated under Clause 15, the duration of these Terms shall continue in force for the period of:

1. the Subscription License (defined below) or the renewal period of the Subscription-Based SaaS Products;
2. the Evaluation Period (defined below) of the Evaluation License (defined below); or
3. your utilization of the Free SaaS Products as provided on the Atlassian Marketplace Platform until the Free SaaS Products are uninstalled and/or removed from our SaaS Product offerings.

3. SaaS Products

To make use of our SaaS Products, you may be required to register on the Atlassian Marketplace Platform. You are to ensure that any information that you provide on the Atlassian Marketplace Platform is correct, complete and current, as you shall be responsible for updating the accuracy of your information.

Once you have submitted an order for the subscription and/or renewal and/or use of the SaaS Products via the Atlassian Marketplace Platform or its authorized reseller, you shall be directed on your authorized use of the SaaS Products which shall include but not be limited to: the type of license you have acquired, your name, contact details, the number of permitted users inside the Atlassian product(s) and the SaaS Product(s), the required fees, and any other related information as reasonably required.

The SaaS Products shall be sent electronically to you and you shall be responsible for the installation of the SaaS Products.

4. Grant of License

These Terms entitle you to install and use one copy of the SaaS Products. These Terms do not permit the installation or use of multiple copies of the SaaS Products on a system that allows shared use of applications. Multiple copy use or installation is only allowed if you obtain the appropriate license for each copy of the SaaS Products. Furthermore, the SaaS Products may only be installed and used on the hardware systems you own, lease or which are controlled by you, or your third party service provider, providing you remain responsible for the third party’s compliance with the terms and conditions of these Terms.

Subject to these Terms, you are granted a worldwide, limited, non- transferable, non-exclusive, non-sublicenseable, as-is right to install and use the SaaS Products for the term and applicable licensing fee that is associated with the particular SaaS Products you choose to purchase.

The SaaS Products are licensed to you either on a Subscription License, an Evaluation License, or a Free License (as further defined under section 4(iii) of the Terms) subject to the following terms:

(i) Subscription License

Subscription-Based SaaS Products shall be granted on a time specific limit as per the subscription license (“Subscription License”) providing you with a worldwide, non-exclusive, nontransferable, non-sublicensable use of the Subscription-Based SaaS Products, subject to automatic renewal for successive monthly or annual terms unless either Party notifies the other of nonrenewal or we cease to make a particular Subscription Service available. If you cancel the Subscription-Based SaaS Products, your subscription will terminate at the end of the then-current billing cycle, and you will not be entitled to any refunds for amounts accrued or paid prior to such termination.
You acknowledge and agree to the use of the Subscription-Based SaaS Products, which are provided to you as a cloud service, and are hosted by us and/or the Atlassian Marketplace Platform. You also acknowledge and agree that Herocoders and/or the Atlassian Marketplace Platform may make changes to the Subscription-Based SaaS Products from time to time.

(ii) Evaluation License

We may provide you, at our sole discretion, with a limited license for the purposes of assessing the functionality of the SaaS Products (“Evaluation License”). The Evaluation License will provide you with the full version of the SaaS Product(s) for free for thirty (30) days) (“Evaluation Period”), after which you must either purchase or uninstall the SaaS Product. Upon the expiry of the Evaluation Period, you shall be obligated to pay for the full license fee or stop using the SaaS Products and all components of the SaaS Products shall cease to function.

(iii) Free License

Free SaaS Products shall be granted to you at no cost, and shall be provided to you on a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable limited license (“Free License”). Your use of the Free SaaS Products shall be subject to any other terms and conditions as we deem necessary and shall be for a stipulated period of time.

You acknowledge that we may cancel the Free SaaS Products at any time and for whatever reason, in our sole discretion. You may, however; upgrade to a similar product offered as a Subscription-Based SaaS Product, if available, and all your applicable data will be transferred by us automatically.

5. Restrictions

The SaaS Products are licensed, not sold, to you and we shall retain ownership of all the SaaS Products, including copies of the SaaS Products. Accordingly, the following restrictions shall apply:

(i) Restrictions on Transfer

You may not assign, your rights and obligations under these Terms, or redistribute, encumber, distribute, sell, rent, lease, sublicense, or otherwise transfer your rights to the SaaS Products as granted to you under these Terms or make the SaaS Products available to a third party without our prior written consent.

(ii) Restrictions on Use

You may not use, copy or install the SaaS Products on any system, or permit the use, copying, or installation of the SaaS Product on more than one Atlassian product(s). If you hold multiple, validly licensed copies, you may not use, copy, or install the SaaS Products on any system with more users than the number permitted by the applicable license.
You may not:

1. decompile, reverse-engineer, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide non-authorized users with access to the SaaS Products in whole or part;
2. use the Saas Products for the benefit of any third party;
3. incorporate any SaaS Products into a product or service you provide to a third party;
4. interfere with any license key mechanism in the SaaS Products or otherwise circumvent mechanisms in the SaaS Products intended to
   limit your use;
5. remove or obscure any proprietary notices on the SaaS Products or any permitted copies of the SaaS Products, or
6. publicly disseminate information regarding the benchmarking performance of the SaaS Products; or
7. otherwise attempt to derive the source code of the SaaS Products.

You may not use the SaaS Products in any manner, which is illegal or contravenes any applicable law, regulation or a third party’s intellectual property rights.

(iii) Restrictions on Alteration

You may not modify the SaaS Products or create any derivative work of the SaaS Products. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the SaaS Products.

(iv) Restrictions on Copying

You may not copy any part of the SaaS Products.

(v) Restrictions on Export

You acknowledge and agree to not export or re-export the SaaS Products outside the jurisdiction in which the SaaS Products were obtained by you without our prior written consent or as authorized by applicable laws and regulations. You shall be solely responsible for determining the existence of applicable law and compliance with relevant laws as regards to the export of the SaaS Products from the country of original purchase. We are not liable for your use of the SaaS Products in your jurisdiction or as specified under these Terms. You are solely responsible for complying with applicable laws and obtaining any needed authorization for export. You agree to not export the SaaS Product(s) from any country where there are applicable legal restrictions on such export.
We reserve all our rights not expressly granted to you under these Terms.

6. Maintenance Services

We shall provide you with updates, add-on components, internet-based components, and/or enhancements made generally available from time to time, and online technical support for the purpose of addressing any technical issues you may have in relation to the SaaS Products (the “Maintenance Services”).

The Maintenance Services shall be provided to you with reasonable skill and care for the duration of your Subscription License and for the duration of the Free License including any applicable renewal periods thereof.

7. Support Services

We shall provide you with support services, which shall include but not be limited to bug fixes and patches (“Support Services”) for the duration of your Subscription License and for the duration of the Free License including any applicable renewal periods thereof. Our business hours are from 08h00am to 17h00 pm GMT, Monday to Friday. We try to answer all requests within 8 business hours, excluding national holidays. We are constantly monitoring our support channels to respect the high priority of any emerging critical issues.

You can request the Support Services through one of the following channels:

1. by submitting a ticket on our service desk system or via email at support@herocoders.com;
2. via voice/video/screensharing connection (e.g. Skype or Zoom.us); or
3. on Atlassian Marketplace’s Community Forum. You acknowledge that requests made via the Atlassian Community Forum are monitored by our support team and are answered on a best efforts basis.

The use of the Support Services is governed by our Service Level Agreement.

8. Intellectual Property Rights

Nothing in these Terms shall operate to assign or transfer any intellectual property rights (“Intellectual Property Rights”) from us to you or vice versa. Intellectual Property Rights shall mean any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions, patents, source code, software, trademarks and designs (whether registered or not), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.

Herocoders shall retain all right, title and interest in and to the SaaS Products, as well as all Intellectual Property Rights not expressly granted by us under these Terms.

9. Fees

The SaaS Products shall be offered to you either on a subscription basis or for free. You agree to pay all applicable fees on their due date and in a manner directed at the time of subscribing for the SaaS Products. Should you fail to pay the applicable fees, this will result in the immediate termination of the licenses granted to you by us under these Terms.

10. Warranties

We warrant that Herocoders has the legal right and authority to enter into these Terms and to perform its obligations under these Terms.

We further provide you with the following warranties:

1. the SaaS Products as provided will conform in all material respects with the SaaS Product’s documentation and specifications;
2. the SaaS Products will be supplied free from defects and will remain free from defects for the duration of your Subscription License and for the duration of the Free License including any applicable renewal periods thereof;
3. the SaaS Products will be supplied free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs;
4. the SaaS Products shall incorporate security features reflecting the requirements of good industry practice;
5. the SaaS Products, when used by you in accordance with these Terms, will not breach any laws, statutes or regulations as applicable; and
6. when you use the SaaS Products in accordance with these Terms, Herocoders will not infringe the Intellectual Property Rights of any person in any jurisdiction and under any applicable law;

You acknowledge and warrant to us that you have the legal right and authority to enter into these Terms and to perform your obligations under these Terms.

All of the Parties’ warranties and representations in respect of the subject matter of these Terms are expressly set out in these Terms. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of these Terms will be implied into these Terms or any related contract.

11. Acknowledgements and warranty limitations

You acknowledge that:

1. generally, software is never wholly free from defects, errors and bugs; and therefore subject to the other provisions of these Terms, we give no warranty or representation that the SaaS Products will be wholly free from defects, errors and bugs;
2. generally software is never entirely free from security vulnerabilities; and therefore subject to the other provisions of these Terms, we give no warranty or representation that the SaaS Products will be entirely secure;
3. the SaaS Products are only designed to be compatible with Atlassian software applications, in particular Jira; and we do not warrant or represent that the SaaS Products will be compatible with any other software; and
4. the SaaS Products may use third party hosting services which may be provided to you without any warranties. As such, Herocoders cannot ensure that these third party hosting services are provided to you free of defect or without interruption.

12. Privacy and Data Protection

We assume no responsibility for the deletion of data, loss of data, the corruption of data or the failure to store data. Neither do we have any obligation to monitor the use of the data transmitted or stored through the SaaS Products. We reserve the right, consistent with data privacy and other user data protection requirements applicable to the jurisdiction where data is stored, and if mandated by applicable law, regulation, legal process, or governmental order, disclose user data or other information, but only to the extent required to satisfy those laws, regulations, or orders. Unless prohibited by law or other order, we will provide reasonable notice of any such required or requested disclosure to you and reasonably cooperate to limit such disclosure to the extent allowed by law.

All data you enter into the SaaS Products shall be owned solely by you. Although personal information, usernames, passwords and prompts exchanged through the SaaS Products are protected by encryption techniques, these security measures still require your responsible behavior in protecting your data. You shall assume the entire responsibility at all times for the supervision, management, control and confidentiality of your data and assume the entire risk for the fraudulent or unauthorized use of your data. You represent and warrant that you have obtained all the necessary rights, releases, authorizations and permissions to provide your data to us, to the transfer and use of your data by Herocoders. You further warrant that the transfer of your data to us does not violate any laws, third party rights, including any Intellectual Property Rights, rights of privacy, or rights of publicity, and any use, collection and disclosure of your data as authorized under these Terms is not inconsistent with the terms of any applicable privacy policies. You acknowledge and agree that Herocoders are not responsible for any deletion, corruption, failure to store or loss of any your data if such deletion, corruption, failure to store or loss is due to an act or omission by you, your employee(s), contractor(s), agent(s), any authorized user or other third party.

You hereby grant Herocoders with a limited license to copy, transmit, store and back-up or otherwise access your data, as applicable, solely for the following purposes:

1. to supply the SaaS Products to you (including to enable you and your authorized users to access and use the SaaS Products);
2. to diagnose problems with the SaaS Products;
3. to enhance and otherwise modify the SaaS Products;
4. for Herocoders administrative, support and training purposes;
5. to develop other products and services, provided we de-identify your data; and
6. as reasonably required to perform Herocoders obligations under these Terms.

We are committed to protecting your privacy. The provisions of our Privacy Policy will govern any personal information/data gathered from you in connection with the SaaS Products.

13. Limitation of Liability

You agree that your use of the SaaS Products is at your own risk. To the maximum extent permitted by applicable law, in no event shall Herocoders be liable to you for, or to those claiming through you for, any indirect, consequential, incidental or special damage or loss of any kind including, but not limited to, loss of profits, loss of contracts, business interruptions, cost of substitute goods or services, loss of or corruption of data however caused and whether arising under contract or tort (including without limitation negligence). The limitations in this clause shall apply notwithstanding the failure of the essential purpose of any remedy.

In no event shall our aggregate liability to you arising out of or in connection with these Terms, from all causes of action and theories of liability (including without limitation negligence), exceed the amounts paid for the current subscription period of the Subscription-Based SaaS Products and for no more than twelve (12) months. Herocoders, however, shall not be liable to you for the Free SaaS Products.

We do not limit or exclude our liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other liability to the extent that such liability cannot be excluded or limited by applicable law.

In no event shall Herocoders be liable for any failure of performance due to circumstance beyond our control, including but not limited to a power outage, computer virus, malware, spyware, key logger application, system failure, fire, flood, earthquake, terrorism, act of war, or extreme weather conditions.

14. Indemnity

We agree to defend, indemnify and hold you harmless, including your respective directors, officers, employees, and agents from and against any and all third party claims, damages, losses, suits, actions, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by you and arising directly or indirectly of the SaaS Product’s claimed infringement or violation of any patent, copyright, trade secret, trademark, or other third party intellectual property right, except to the extent that the infringement or violation has been caused or contributed to you or an authorized user.

Upon becoming aware of an actual or potential breach and/or claim and/or infringement, you agree to cooperate with Herocoders (at your expense) and you agree to notify us and provide us with all such assistance as may be reasonably requested to allow us the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties. You must furthermore, not admit liability to any third party or settle any disputes or proceedings involving a third party without our prior written consent.

You shall indemnify, defend and hold Herocoders harmless from and against any and all claims, liabilities, suits, actions and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by us, arising directly or indirectly from: (i) any information that is inaccurate, not up to date, incomplete, misleading or a misrepresentation; (ii) any breach of these Terms by you or an authorized user; (iii) any misuse of the SaaS Products by you, your employees, contractors and/or authorized users; (iv) any breach of law, regulation or license by you or an authorized user; and (v) any claim brought by a third party arising out of or in connection with your or an authorized user’s use of the SaaS Products.

We will, upon becoming aware of an actual or potential breach and/or claim and/or infringement, notify you and provide you with all such assistance as you may reasonably request allow you the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties, and we will not admit liability to any third party in or settle any disputes or proceedings involving a third party without your prior written consent.

The obligations under this clause will survive termination of these Terms.

15. Termination

These Terms may terminate through (i) the expiration of the Subscription license, or (ii) the expiry of the Evaluation Period, or (iii) the uninstallment of a Free License, or (iv) termination for convenience, or (iii) a termination for cause.

If we terminate these Terms for convenience where you are paying for a Subscription License, your license to the Subscription-Based SaaS Products shall automatically terminate and you shall be required to remove all components of the SaaS Products from your systems and destroy any copies.

Herocoders may terminate these Terms if you materially breach it or any other agreement you have entered into with us. A material breach shall include but not be limited to your failure to timely pay our fees when they have become due and owing to us, when you significantly put our system at risk as a result of not using the designated user interface elements to access data and non- UI access as per the applicable documentation, and where you attempt to access all your data at once from our servers. As such, where it has been found that you have caused a material breach Herocoders shall in their sole discretion temporarily deny you access to the SaaS Product so as to afford us with the opportunity to protect our system and our other customers.

Should we terminate these Terms for cause, we will provide you with ten (10) days’ written notice, after which period the Terms will automatically terminate. Upon termination of these Terms, you shall cease all use of the SaaS Products and you shall reasonably cooperate in: (a) removing, uninstalling or deactivating all copies of the SaaS Products; and (b) satisfying all financial obligations you may have to us.

If you terminate these Terms for convenience or if we terminate these Terms for cause, you shall not be entitled to a refund of any portion of the fees you have paid to us.

16. General Provisions

(i) Relationship of the Parties

The Parties are independent contractors under these Terms and expressly disclaim any partnership, franchise, joint venture, agency, employer/employee, fiduciary or other special relationship. Neither Party intends these Terms to benefit, or create any right or cause of action in or on behalf of, any person or entity other than the Parties and listed affiliates. These Terms are not intended to create a third-party beneficiary of any kind. You must not represent to any third party that it has any right to bind us in any manner and you will not to make any representations or warranties on behalf of us.

(ii) Severability

If a court holds that any provision of these Terms is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable or, if it cannot be made valid and enforceable, the court will sever and delete the provision from these Terms. The change will affect neither the validity of the amended provision nor the validity of any other provision of these Terms, which will continue in full force and effect.

(iii) No Waiver

A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce that provision or any other provision of these Terms at any time. A waiver of any provision of these Terms must be in writing, specify the provision to be waived and signed by the Party agreeing to the waiver.

(iv) Force Majeure

A Force Majeure event means any event beyond a Party’s reasonable control that, by its nature, could not have been foreseen or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), acts of God, war, riot, embargoes, acts of civil or military authorities, acts of terrorism or sabotage, shortage of supply or delay in delivery by our vendors, fire, flood, earthquake, accident, radiation, inability to secure transportation, failure of communications or energy sources, malicious damage, breakdown of plant or machinery, or default of suppliers or sub-contractors.
Neither Party is liable for delays or failures to perform any of its obligations under these Terms to the extent caused by a Force Majeure Event.

(v) Notices

Any notice given under or in relation to these Terms must be in writing, signed by or on behalf of the Party giving it, and addressed to us at the contact information provided when purchasing the SaaS Products.

(vi) Assignment

You may not sublicense, assign or transfer any rights under these Terms without our prior written consent. Any attempt by you to sublicense, assign or transfer any of your rights, duties or obligations under these Terms, whether directly, or indirectly by merger, acquisition or change of control, will be null and void.

(vii) Governing Law

These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with Polish and European Union laws, and the Parties irrevocably submit to the exclusive jurisdiction of the courts of Poland and the European Union Courts.

(viii) Entire Agreement

These Terms constitutes the entire understanding between you and Herocoders in relation to the SaaS Products and supersedes all oral or written proposals, and all communications between the Parties relating to its subject- matter.

We reserve the right to amend these Terms at any time. Any amendment will be effective on the posting of an updated version at this page.

Introduction

HeroCoders (“We”, “Us”, the “Company”, or “ HeroCoders ”) is committed to protecting and respecting your privacy. We want to tell You (“you”, “your” or “end-user”) how we use and protect your personal information or data (“Personal Data”). This includes informing You of your rights regarding your Personal Data that we hold.

We believe that the General Data Protection Regulation (GDPR) is an important step forward in the protection of your Personal Data, and we have updated this Privacy Policy in order to be compliant with the GDPR. We are committed to GDPR compliance across our Company and provide GDPR related assurances in this Privacy Policy.

This Privacy Policy (the “Policy”) covers the information we collect about you when you use our products or services, including all of our SaaS/Cloud software products and our downloadable software products (collectively, the “Apps”) and all public websites (“Website(s)”) provided and/or maintained by HeroCoders, or otherwise interact with us (for example, by contact us through email or Jira Service Desk). We refer to all of these products, Apps, and Websites, together with our other services as “Services” in this Policy. “You” means the end-user of our products or the legal entity who is the licensee of our products, or the visitor of our public websites.

This Policy sets out how we may use, process and store your Personal Data. We may get that information from You or our partners, through contracts or other legal arrangements You have with us or our partners on behalf of us, in order to deliver contractual/legal obligations. In other cases, we will get that information from You with your permission and consent, or we may receive your Personal Data from third parties who You have given consent to pass this information on to us.

By using, downloading, or visiting any of the Company’s Services, You are accepting and consenting to the practices outlined in this Policy.

If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.

Who is HeroCoders?

This is HeroCoders’ registered address and contact information:

HeroCoders sp. z o.o.
Zosi 16
Gdansk 80-119
Poland

E-Mail: support@herocoders.com

Notice to End Users

Many of our Services are intended for use by organizations. Where the Services are made available to you through an organization (e.g., your employer), that organization is the administrator of the Services and is responsible for controlling the access. If this is the case, please direct your data privacy questions to your administrator, as your use of the Services is subject to that organization’s policies.

Administrators are able to:

• restrict your access to the Services and therefore restrict your ability to edit, modify or delete your Personal Data; and
• access, modify and remove the information about you.

Even if the Services are not currently administered or made available to you by an organization, if you use an email address provided by an organization (such as your work email address) to access the Services, then the owner of the domain associated with your email address (e.g. your employer) may assert administrative control over your account and your use of the Services at a later date.

If you do not want an administrator to be able to assert control over your account and your use of the Services, please use your personal email address to register for or access the Services.

Please contact your organization or refer to your administrator’s organizational policies for more information.

Information We May Collect From You

We may collect information from You because we have a legal reason (allowed by law or under contract) to collect the information, or because You have consented for us to do so for a specific purpose.

Information You Give Us

You may give us information about You with your consent, for example:

1. By filling in a form or sending us an e-mail;
2. By contacting us via e-mail or some other medium to request service or support (e.g., Jira Service Desk);
3. Applying for a job at HeroCoders.
4. Installing and using our Apps.

When you contact us via e-mail or for service through the Jira Service Desk, we will collect your name, your email address, and any other information you choose to provide. This other information you choose to provide may be personal, financial, educational, or related to your employment history.

You may give us information for legal reasons, such as to enter into a contract with us, when You order products or services from us, or when You are taking a job at HeroCoders.

Information We Collect About You

If You visit our Website, we may automatically collect information about you, for example:

1. Technical information;
2. IP addresses;
3. Information about what type of device You use to connect to our Website or Services; and
4. The manner in which You interact with our Services.

Any data or information that is entered into any form on Our Services is only used for the indicated purposes or as described in the present Privacy Policy.

Personally identifiable information (PII)

We do not transfer or store PII data on our servers. Issue Checklist reads user display name from Jira and shows on an issue page if “user mention” feature is used.

Information received from the Atlassian Marketplace

As part of Our products and Services, We have access to the contact information (e.g., your name, phone number, e-mail address, any physical address) and license information (e.g., number of licenses, term of the license, etc.) You provide when You subscribe to a license for any of Our Services or when You renew maintenance for Our Services on the Atlassian Marketplace. We do not have any access to customer data from the Atlassian Marketplace beyond this.

Why Does HeroCoders Collect Your Data?

HeroCoders may collect your data for some or all of the following reasons:

• To allow us to enhance and personalize your experience and the usability of the Services;
• To provide support services (including technical support) to You after You have requested or purchased such services;
• To send You information and updates pertaining to our Services if You have consented to receive such communications;
• To send You occasional company news, updates, related products and Services, promotions, special offers or service information pertaining to our products and Services if You have consented or requested to receive such communications. You may choose to opt-out of certain e-mail communication at any time by utilizing the “unsubscribe” feature in the e-mail message;
• To provide information about Services You have shown interest in purchasing within a reasonable time afterwards, if You are already an existing HeroCoders customer;
• For any other specific purpose for which you have specifically provided consent;
• To employ You or consider You for employment; or
• To provide Services to You under contract.

What Legal Basis Does HeroCoders Have For Processing Your Personal Data?

HeroCoders may process your information because:

• We have a contract with You;
• You have given us permission to do so;
• We must provide products or Services to You after You have purchased something from us;
• We must provide Services to You because You have requested such Services; and/or
• It is necessary in order to comply with the law.

Who Might HeroCoders Share Your Information With?

HeroCoders will share the information we have collected about You (including Your Personal Data) only if we are required to do so by law, or if:

• you insert certain information into our Services (such as when you create a checklist item). In that case, the date and time on and at which you created, modified, or completed a checklist item will be shared only within the various portions of our Services. This includes sharing the end-user’s Public Display Name under which a checklist item was created or inserted;
• a third party acquires HeroCoders or substantially all of its assets, Personal Data held by HeroCoders about its customers will be one of the transferred assets of the company;
• HeroCoders must comply with any legal obligation; or
• it is necessary in order to protect the rights, property, or safety of HeroCoders, our customers or others.

Data Storage

How Long Do We Store Your Data

We store data for varying lengths of time depending on the circumstances:

• Information You share on the Services. (e.g., checklist item text and end-user’s Atlassian account ID, which does not constitute a Personal Data, under which a checklist item was created, added, unchecked or inserted) is stored until the end- user, who modified or created the text (or any other authorized user), deletes that text and all related information.
• If Your account is deactivated, terminated, or disabled, all data and content You have provided or that has been provided on or through your account will remain active and accessible for as long as necessary to allow Your team members or other users to make full use of the Services.
• After uninstalling the App, We store data for ninety (90) days to make sure it is there if you want to renew subscription and start using the Service again. If you want us to remove the data earlier, please follow the procedure provided below.

Data Stored In Our Apps

Downloadable Apps

Our downloaded Apps store all information in the Atlassian Jira server product where they are installed. All data is located in your IT system (server or data center) that hosts the Atlassian Jira server product.

No information stored on the installation IT system is made available to Us when You download, install, or use the Apps. The Apps do not transmit data from your IT system or from the end-user’s web browser to us or to any third-party.

SaaS/Cloud Apps

SaaS/Cloud Apps, (e.g., Issue Checklist) may only be installed in the Atlassian Jira Cloud service. In that case, we may store the information or data provided by you on our secured servers, but we currently utilize a third-party to provide this service. With SaaS/Cloud Apps, we have access to user information as provided in this Privacy Policy, which may include data regarding how and when the Apps are utilized.

Data About You We Store or Transfer

In the case of SaaS/Cloud Apps, We primarily store and process the data or information you provide in the United States of America, it being understood that we do not store any of your Personal Data. Furthermore, in the case of SaaS/Cloud Apps, your Personal Data will never be transferred, out of the host application (Jira) and browser, to us or to any other third-party.
However, in the case of downloadable Apps, the information will be stored on Your systems and servers, wherever Your systems and servers are located.
We will use our best efforts to ensure your Personal Data is only processed or utilized, as identified in this Privacy Policy, inside the United States of America. If your Personal Data cannot be processed within the United States of America, we will comply with applicable law and use our best efforts to protect your Personal Data.

What If You Chose Not To Give Us Your Personal Data?

If the Personal Data is necessary in order to supply products or services to You under a contract between You and HeroCoders, then we will not enter into that contract or provide the services or goods if You do not give us Your Personal Data.

Your Rights

HeroCoders will respect your legal rights to your data.

As a processor of Personal Data, we will assist our customers and end users with responding to individual rights requests that they receive under the GDPR. In many cases, customers may be able to address these types of requests by logging into the applicable product and using settings available within such product or your account. Where this is not possible, please contact us to request assistance with any such individual rights requests.

Below are the Legal rights that You have under law, and what HeroCoders does to protect those rights:

The right to be informed

HeroCoders is publishing this Privacy Policy to keep You informed as to what we do with your Personal Data. We strive to be transparent about how we use your data.

The right to access

You have the right to access your information. Our Services give you the ability to access and update or delete certain information about you from within the Service. For example, you can access Jira issue and checklist items stored for that issue and then update or remove checklist items that hold Your information. In certain cases, you may need to contact the administrator of your account or your company’s account. Please contact HeroCoders at support@herocoders.com if have any questions or You wish to access the Personal Data HeroCoders holds about you.

The right to rectification

If the information HeroCoders holds about You is inaccurate or not complete, You have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data. Please contact Us at support@herocoders.com if You need us to rectify your information.

The right to erasure

This is sometimes called ‘the right to be forgotten’. If You want HeroCoders to erase all your Personal Data and we do not have a legal reason to continue to process and hold it, please contact Us at support@herocoders.com.

The right to restrict processing

You have the right to ask HeroCoders to restrict how we process your data. This means We are permitted to store the data but not further process it. We keep just enough data to make sure we respect your request in the future. If You want Us to restrict processing of your data, please contact Us at support@herocoders.com.

The right to object

You have the right to object to HeroCoders processing your data even if it is based on Our legitimate interests, the exercise of official authority, direct marketing (including data aggregation), and processing for the purpose of statistics. If You wish to object please contact Us at support@herocoders.com.

The right to withdraw consent

If You have given Us your consent to process your data but change your mind later, You have the right to withdraw your consent at any time, and HeroCoders must stop processing your data. If You want to withdraw your consent, please contact Us at support@herocoders.com.

The right to complain to a Supervisory Authority

You have the right to complain to the competent Data Protection Authority if You feel that HeroCoders has not responded to your requests to solve a problem.

Data Security

Data provided through Jira Service Desk are securely stored on our Atlassian Jira Cloud instance herocoders.atlassian.net hosted and maintained by Atlassian.

All other data is stored on servers with restricted access and only HeroCoders’ authorized users have access to such data, to the extent required for the performance of their job duties. All staff with access to customer data are required to sign a non-disclosure agreement and complete security and privacy awareness training. In addition, We will take reasonable precautions to prevent the loss, misuse or alteration of your Personal Data. Data transmission over the Internet is inherently insecure and we cannot guarantee the security of data sent over the Internet.

You are responsible for keeping your passwords confidential. We will not ask You for your passwords.

Cookies

What Are Cookies?

Cookies are small files which are stored on a user’s computer. They are designed to hold a modest amount of data specific to a particular client and website. This allows the server to deliver a page tailored to a particular user, or the page itself can contain some script which is aware of the data in the cookie and so is able to carry information from one visit to the website (or related site) to the next.

We do not use cookies in our Services directly. However, the Atlassian Connect framework and JIRA use cookies in the authentication and authorization process, which are sent to Our servers. These cookies are then employed to secure communication and match the request to customer and end-user data that we store.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if You do this You may not be able to use the full functionality of the Website or Services.

Enabling and Disabling Cookies

View your browser’s help pages or information on how to manage cookies at www.allaboutcookies.org.

Links to Other Websites

From time to time, the Website or Services may contain links to and from other websites, advertisers, and affiliates. If You follow a link to any of these websites, please note that these websites may have their own privacy notices and that We do not accept any responsibility or liability for any such notices. Please check these notices, where available, before You submit any Personal Data to these websites.

Data Processing Agreement

HeroCoders is a processor of EU Personal Data. Therefore we enter into a Data Processing Agreement with all EU customers who need to meet GDPR requirements. The Data Processing Agreement is available upon request and if You want to obtain a copy please contact Us at support@herocoders.com

Data Protection Officer (DPO)

This is HeroCoders’ Data Protection Officer contact information:

Jack Hunter
HeroCoders sp. z o.o.
Zosi 16
Gdansk 80-119
Poland

E-Mail: support@herocoders.com

Changes to Our Privacy Policy

HeroCoders may change this Policy from time to time in the future. Any such changes will be posted here and, where appropriate, notified to You in writing. We advise You to check back frequently to see any updates or changes.

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