Last Modified: June 5, 2019
CHANGES AND SERVICES ELIGIBILITY
Children and Minors. The Services are not directed at children under the age of thirteen (13) and Heartbeat does not knowingly collect personally identifiable information from children under the age of thirteen (13). If we learn that we have collected personal information from a child under the age thirteen (13), we will delete such information as quickly as possible. If you believe that a child under the age of thirteen (13) may have provided us personal information, please contact us at firstname.lastname@example.org By using the Services, you represent and warrant that (i) you understand that you must be at least eighteen (18) years old in order to create an account and (ii) you are at least eighteen (18) years old or a minor over the age of thirteen (13) that has provided Heartbeat legal parental or guardian consent to use the Services under such parental or guardian supervision.
INFORMATION WE COLLECT
When you use the Services, you may provide Heartbeat with two (2) main types of information (i) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (ii) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you browse and use the Services. We collect information from you when you (a) use and/or access the Services, (b) register an account and/or subscribe to Heartbeat, (c) open and/or respond to our emails, (d) visit any page online that displays our content, and/or (e) contact Heartbeat.
Personally Identifiable Information you Choose to Provide
We may ask for certain personal information from you for the purpose of providing to you content and/or Services. Such information will be shared in relation to the Services between Heartbeat and its users, such as ambassadors, businesses and brands. Please do not provide any information that you do not want to share or do not feel comfortable providing. Please note that if you do not provide certain information, it may impact your use of the Services. We collect personal information such as your (i) contact information (including without limitation your name, telephone number, email, address and social media handle), (ii) financial information (such as credit card number, expiration date, verification number, and billing address as submitted through our third-party payment processor), (iii) username and password (specifically chosen by you), (iv) demographic information (including age, birthdate and gender), (v) location information (such as geographic location of the device you are using), and (vi) preferences and behavior (such as record of reviews, comments, responses and questions asked). In addition, we may receive information about you from other sources in the event you choose to sign up using a social network (such as TikTok, Instagram, Facebook, etc.). Once you register, you have opted in to receive electronic communications from Heartbeat. Heartbeat may also provide you with the opportunity to participate in surveys through the Services. If you participate, we will request certain personally identifiable information. Participation in surveys is completely voluntary and you therefore have a choice whether to disclose such information.
Information We Collect Automatically
When you access and/or use the Services, we may automatically collect information about you, including without limitation the following:
- Persistent Cookies: Persistent Cookies remain on a visitor’s device for a set period of time specified in the Cookie. They are activated each time the visitor visits the Services that created that particular Cookie.
- Session Cookies: Session Cookies are temporary and deleted from your computer when you close your web browser. They allow Heartbeat to link the actions of a user while using the Services.
- Strictly Necessary Cookies: Strictly necessary Cookies are essential to navigate around the Services and to use its features.
- Performance Cookies: Performance Cookies collect anonymous data for statistical purposes on how users use the Services, they don’t contain personal information and are used to improve the user experience.
- Functionality Cookies: Functionality Cookies allow Heartbeat to operate the Services in accordance with your choices, such as remembering you between visits.
Device Data: We use device data, which is information concerning a device you use to access, use, and/or interact with the Services, such as operating system type and/or mobile device model, browser type, domain, and other system settings, the language your system uses and the country and time zone of your device, geo-location, unique device identifier and/or other device identifier, mobile phone carrier identification, and device software platform and firmware information.
Aggregate: We may collect non-identifying and statistical information about the use of our Services, such as how many visitors visit a specific page, how long they stay on that page and which links, if any, they click on, system configuration information, and/or other interactions with the Services. This information represents a generic overview of our users, including without limitation their collective habits. Information collected in the aggregate is not associated with you as an individual.
Analytics: We use analytic software to gather statistics and usage trends for product and service improvement purposes. The Services may record data from your phone, tablet, or computer such as how frequently you use the Services, what actions you take and performance data.
Other Tracking Technologies: We may supplement information you provide to us with information from other sources, such as information to validate and/or update your address, payment card and/or other demographic information. This information is used to maintain the accuracy of information on our Services. We may also use clear gifs, pixel tags and web beacons, which are tiny graphic images placed on website pages and/or in our emails that allow us to determine whether you have performed specific actions and are further used to track online movements of our users. In contrast to Cookies, which are stored on your computer’s hard drive, clear gifs are embedded invisibly on web pages. We do not tie the information gathered by clear gifs to your personally identifiable information.
HOW WE USE INFORMATION
- operate, maintain and improve the Services;
- answer questions and respond to your requests;
- perform analytics and conduct research;
- send you reminders, support and marketing messages;
- manage our administration of the Services;
- improve the design and content of the Services;
- collect feedback from you about third-party products and/or services;
- inform you about products, events and/or other promotional or advertising purposes;
- use information for other purposes about which we will notify you;
- market and share information you provide to us to the public and other users;
- share information you provide us with other users, such as ambassadors, businesses and brands for the purposes of identifying ambassadors for campaigns or identifying potential customers;
- share information you provide us with other users for the purposes of conducting campaigns and analysis;
- process any transactions related to the use of Services; and/or
- analyze the Services, programs, products and other services we offer.
The information collected in the aggregate enables Heartbeat to better understand its users use of the Services. The information collected may also assist businesses and brands better understand their products and/or services. If you use the Services, you agree to receive certain communications from us including but not limited to the following:
Special Offers, Newsletters and Updates. We will occasionally send you information on products, special deals, surveys, promotions and newsletters. Out of respect for your privacy, you may elect not to receive these types of communications by contacting us at email@example.com. You may also opt out of or change settings regarding communications preferences by accessing your profile.
Customer Service. Based upon the personally identifiable information you provide us, we will communicate with you in response to your service reviews and inquiries, to provide the services you request and to manage your account. We will communicate with you via the Services, by email, app notification, or telephone (including SMS/text messaging), as you may elect.
Communication: Some of the information you provide will be shared with and/or visible to other users of the Services to facilitate communication between users, such as ambassadors, businesses and brands. When you sign up for an account or use certain features, you are opting to receive messages from other users, brands, and Heartbeat. You can manage some of your messaging preferences by adjusting settings in your profile or contacting us, but note that you cannot opt out of receiving certain administrative, transactional or legal messages from us. We may not deliver messages that we believe are objectionable, such as spam or fraudulent messages. If you are a representative of a business or brand listed with Heartbeat or signed up to use Heartbeat services as an ambassador, we may contact you, including by phone, app notification, text message or email, using the contact information you provide us, make publicly available, or that we have on record for your business.
Businesses and Brands on Heartbeat: Heartbeat may share information from you and about you with other users, such as sharing information about ambassadors with businesses and brands. When you choose to follow certain businesses and brands on Heartbeat, or choose to apply for or opt into a campaign, the businesses and brands will have access to the information you provide to Heartbeat, including survey data. Businesses and brands may see public activity, posts and reviews from ambassadors and may receive information from or about ambassadors when ambassadors follow or communicate with businesses and brands through the Services or otherwise. Please do not answer survey questions or provide data to Heartbeat if you are not comfortable sharing data with the brands you follow or engage with on the platform.
Parties with whom we may share your information:
Business Transfer. If we sell or otherwise transfer part or all of Heartbeat or our assets to another organization (i.e. in the course of a transaction such as a merger, acquisition, bankruptcy, dissolution, liquidation, etc.), your information such as name and email address, user content and/or any other information collected through the Services may be among the items sold and/or transferred.
Your Information Choices
We respect your privacy and give you an opportunity to opt out of receiving announcements of certain information. Although we think that you benefit from a more personalized experience when we know more about you and what you like, you can limit the information you provide to Heartbeat, and you can limit the communications that Heartbeat sends to you. If you visit the Services and volunteer personally identifiable information, you can opt out of receiving notifications, and you may review, modify, update, and/or delete such personally identifiable information by contacting and/or by changing your preferences on the Services. Please be aware that even after your request for a change is processed, Heartbeat may, for a time, retain residual information about you in its backup and/or archival copies of its database, and reserves the right to access and utilize collected user data in the future. Please be aware that we may still email you non-commercial emails related to your account and your transactions through the Services. Following termination and/or deactivation of your account, Heartbeat may retain collected information and data for a commercially reasonable time for backup, archival, and/or audit purposes, and reserves the right to access and utilize collected user data in the future. In some cases, if you choose not to provide Heartbeat with requested information, you may not be able to use and/or access all of the Services.
Your California Privacy Rights
Under California Consumer Privacy Act (“CCPA”), California residents are entitled to receive the right to access and obtain a copy of their personal information. You may write us and ask for records of any and all personal information. The CCPA requires businesses to disclose (i) the categories of personal information the business collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for collecting or selling personal information, (iv) the categories of third parties with whom the business shares personal information, and (v) the specific pieces of personal information the business has collected about you. To obtain such information from Heartbeat, please send a written request to us at the following address: Heartbeat Technologies, Inc., Attn: Legal Department – CCPA Request, 1507 7th Street, #441, Santa Monica, CA 90401. Heartbeat will provide such information within thirty (30) days after Heartbeat’s receipt of such request. This request may be made no more than two (2) times per calendar year. We reserve the right not to respond to requests submitted in ways other than specified above. The following exceptions may prevail with respect to fulfillment of data access requests (a) Heartbeat may not provide personal data to you, if management determines that we cannot identify you in our systems because the data we have has been de-identified to the extent that identification is not possible; and/or (b) Heartbeat may not provide personal data to you if you are involved in a civil or criminal proceeding with Heartbeat.
Information You Share
The Services may allow you to share your actions, content and information publicly and/or with other users. We are not responsible for maintaining the confidentiality of such information. The Services may also allow you to connect with us on, share on, and use third-party websites, applications and services. Please be mindful of your personal privacy needs as you choose what to share and make public. As a reminder, we do not control the privacy practices of third parties, so please contact such third parties to learn more about their privacy practices.
We use commercially reasonable efforts to secure your personal information from unauthorized access to and/or unauthorized alteration, disclosure and/or destruction. Heartbeat has adopted appropriate physical, electronic and managerial procedures to safeguard and secure the personal information we process. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Your account is protected by password for your privacy and security. We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. Because the internet is not a completely secure environment, Heartbeat cannot warrant the security of any information you transmit to Heartbeat or guarantee that information on the Services may not be accessed, disclosed, altered, and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. Please do your part to help Heartbeat. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Heartbeat, at all times. Please limit your access to your computer and/or mobile device and/or browser by signing off after you have finished accessing your account. We are not responsible for the functionality, privacy and/or security measures of any other organization.
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