This Privacy Notice (“Privacy Notice”) describes how Hello Heart, Inc. (“Hello Heart,” “us,” “we,” “our”) handles Personal Information that we collect when you visit our websites, including our general information website at https://www.helloheart.com/, social media accounts, and other online features (collectively, our “Digital Properties”), in-person events, and through other offline interactions. This Privacy Notice does not apply to your Protected Health Information (“PHI”) that is governed by the Health Insurance Portability and Accountability Act (“HIPAA”), regardless of where it is collected. For information about how we use and disclose PHI, and your rights with respect to your PHI and how to exercise them, please review our HIPAA Notice of Privacy Practices and, where applicable, the Notice of Privacy Practices for your health plan.

This Privacy Notice also does not apply to job applicants or our employees, contractors, or agents.

Whenever you interact with us on behalf of another individual or entity, such as by providing us a reference, you must obtain their consent (or have the legal authority without consent) to share their Personal Information with us.

Changes to this Privacy Notice

We will update this Privacy Notice on an ongoing basis for a variety of purposes, including when necessary to reflect changes in our Digital Properties, how we use personal information, or the applicable law. When we post changes to the Privacy Notice, we will revise the “Last Updated” date at the top of the Notice. If we make material changes to this Privacy Notice, we will provide notice or obtain consent regarding such changes as required by law.

‍

Section 1 - Sources of Personal Information

We collect Personal Information about you from the following sources:

• Directly from you. We may collect Personal Information you provide to us directly, such as when you contact us through our Digital Properties, interact with us in person, sign up for offers or newsletters, communicate with us, place or customize orders, or sign up for an account or other services.
• Automatically and through tracking technologies. We may automatically collect information or inferences about you, such as through cookies and other tracking technologies, when you interact with our Digital Properties. This may include information about how you use and interact with our Digital Properties, information about your device, and internet usage information. See Cookie Notice below.
• From third parties. We may collect Personal Data from third parties, such as service and content providers, social media companies, data brokers and our business customers that employ or contract with you.
• From publicly available sources. We may collect Personal Data about you from publicly available sources, such as public profiles and websites.

We may combine information that we receive from the various sources described in this Privacy Policy, including third party sources, and use and disclose the combined information for the purposes identified below.

‍

Section 2 - Types of Personal Information We Collect

We may collect the following types of Personal Information:

• Identifiers, such as your name, email address, physical address, telephone number, other business contact information, and device identifiers (e.g., cookie IDs and IP address).
• Records about you, such as signatures; the content, timing, and method of communications you have with us, such as online chats, calls, and emails; and information you share with or upload to our Digital Properties.
• Commercial information, such as information related to products or services purchased, obtained, or considered by the company you represent.
• Internet or other electronic network activity information, such as your browsing history, search history, preference information (including marketing and purchasing preferences), account settings (including any default preferences), and other information regarding your interactions with and use of the Digital Properties. For more information about cookies and other device data, please see Section 5 (Cookies and Other Tracking Technologies).
• Non-precise geolocation data, such as your approximate location based on your IP address.
• Audio, electronic, visual, or other sensory information, such as audio recordings of telephone calls and video recordings of our premises.
• Professional or employment-related information, such as job title; organization; professional licenses, credentials; affiliations; and other professional information.
• Inferences drawn from any of the information we collect to create a profile about you reflecting your preferences or behavior, including to assess the level of interest in our products and services based on frequency of visits.
• Sensitive Personal Data, such as union membership.

‍

Section 3 - How We Use Personal Information

We may use Personal Information for the following purposes:

• To provide you or your company with products and services, such as making our Digital Properties, products, and services available to you; registering, verifying, and maintaining your account with us; providing and delivering the goods and services requested by the company that you represent; providing customer service; verifying customer information; communicating with you (including soliciting feedback and responding to requests, complaints, and inquiries); hosting informational webinars; and providing similar services or otherwise facilitating your relationship with us.
• For our internal business purposes, such as day-to-day operation of our business; maintaining internal business records, such as accounting, document management, and similar activities; enforcing our policies and rules; management reporting; auditing; and IT security and administration.
• For our internal research and product improvement purposes, such as verifying and maintaining the quality and safety of our products and services; improving our products and services; designing new products and services; evaluating the effectiveness of our advertising and marketing efforts; and debugging and repairing errors with our systems, networks, and equipment.
• For legal, safety or security reasons, such as complying with legal, reporting, and similar requirements; investigating and responding to claims against us, our personnel, and our customers; for the establishment, exercise or defense of legal claims; protecting our, your, our customers’, and other third parties’ safety, property or rights; detecting, preventing, and responding to security incidents and health and safety issues (including managing the spread of communicable diseases); and protecting against malicious, deceptive, fraudulent, or illegal activity.
• In connection with a corporate transaction, such as if we acquire assets of another business or sell or transfer all or a portion of our business or assets, including through a sale in connection with bankruptcy and other forms of corporate change.
• For marketing, such as marketing our products or services or those of our affiliates, business partners, or other third parties. For example, we may use Personal Information we collect to personalize advertising to you (including by developing product, brand, or services audiences and identifying you across devices/sites); to analyze interactions with us or our Digital Properties, or to send you newsletters, surveys, questionnaires, promotions, or information about events or webinars. You can unsubscribe to our email marketing via the link in the email or by contacting us using the information in Section 9, Contact Information, below.

We may use anonymized, de-identified, or aggregated information for any purpose permitted by law.

‍

Section 4 - How We Disclose Personal Information

We may disclose Personal Information to third parties, including to the categories of recipients described below:

• Affiliates and subsidiaries, including parent entities, corporate affiliates, subsidiaries, business units, and other companies that share common ownership.
• ‍Service providers that work on our behalf to provide products and services, such as IT providers, Internet service providers, web hosting providers, software service providers, data analytics providers, and companies that provide business support services, financial administration, and event organization.
• ‍Professional consultants, such as accountants, lawyers, financial advisors, and audit firms.
• ‍Vendors necessary to complete transactions requested by the company you represent, such as shipping companies and logistics providers.
• ‍Law enforcement, government agencies, and other recipients for legal, security, or safety purposes, such as when we disclose information to comply with law or legal requirements, to enforce or apply our policies, terms, and agreements, and to protect our, our customers’, or third parties' safety, property or rights.
• ‍Other entities in connection with a corporate transaction, such as if we acquire assets of another entity, or sell or transfer all or a portion of our business or assets, including through a sale in connection with bankruptcy and other forms of corporate change.
  
• ‍The public, such as when you have an opportunity to make comments regarding us or our products or services that we may share with the public, including quotes on our product pages. This information may be read, collected, or used by other users or the public.
• ‍Entities to which you have consented to the disclosure.
• Business partners that may use Personal Information for their own purposes, such as:
  
  • Directly from you. We may collect Personal Information you provide to us directly, such as when you contact us through our Digital Properties, interact with us in person, sign up for offers or newsletters, communicate with us, place or customize orders, or sign up for an account or other services.
  • Third parties whose cookies and tracking tools we use as described in our Section 5 (Cookies and Other Tracking Technologies) below.
  • Partners who work with us on promotional opportunities.
• The public, such as when you have an opportunity to make comments regarding us or our products or services that we may share with the public, including quotes on our product pages. This information may be read, collected, or used by other users or the public.
• Entities to which you have consented to the disclosure.

‍

Section 5 - Data Security and Data Retention

Although we maintain reasonable security safeguards, no security measures or communications over the Internet can be 100% secure, and we cannot guarantee the security of your information. Your Personal Information will be retained as long as necessary to fulfill the purposes we have outlined above unless we are required to do otherwise by applicable law. This includes retaining your Personal Information to provide you or your company with the products and services requested and interact with you; maintain our business relationship with you or your company; improve our business over time; ensure the ongoing legality, safety and security of our services and relationships; or otherwise in accordance with our internal retention procedures. Once you or your company has terminated your relationship with us, we may retain your Personal Information in our systems and records in order to ensure adequate fulfillment of surviving provisions in terminated contracts or for other legitimate business purposes, such as to enable easier future user onboarding, in order to demonstrate our business practices and contractual obligations, or to provide you with information about our products and services in case of interest.

‍

Section 6 - Children's Privacy

Our Digital Properties are intended for individuals 18 years of age and older. The Digital Properties are not directed at, marketed to, nor intended for, children under 18 years of age. As a general rule, we do not knowingly collect any information, including Personal Information, from children under 18 years of age. If you believe that we have inadvertently collected Personal Information from a child under the age of 18, please contact us at the address in Section 9, Contact Information, below, and we will take prompt steps to delete the information.

‍

Section 7 - External Links

Our Digital Properties may contain links to external sites or other online services that we do not control, including those embedded in third party advertisements or sponsor information. We are not responsible for the privacy practices or data collection policies of such third-party services. You should consult the privacy notices of those third-party services for details on their practices.

‍

Section 8 - Supplemental U.S. State Privacy Disclosures

Hello Heart does not sell or share any data collected within the Hello Heart app; this information is protected health information (PHI) and is governed by our HIPAA Notice of Privacy Practices.  We do not “sell” your personal information in exchange for money, which is how “sell” is commonly defined and understood.  We do share (not in exchange for money) certain website visitor information—such as IP addresses and online identifiers—with third-parties for business analytics and Hello Heart’s advertising purposes. Under some state’s laws, this type of sharing may be considered a “sale” of personal data. You have the right to opt out of this kind of data sharing at any time by using our “Do Not Sell or Share My Personal Information” link or by following the instructions in this notice.

If you live in California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, and Virginia, you may have certain rights concerning the processing and use of personal information. These rights may be subject to exemptions under applicable law. For the purposes of this section, the term “Personal Information” includes both “Personal Information” and “Personal Data” as defined by applicable law. You may have the right to:

• Know, access and confirm your Personal Information.
• Delete the Personal Information we have about you, subject to exceptions under applicable law.
• Correct inaccuracies in your Personal Information.
• Obtain your Personal Information in a portable and readily usable format.
• Opt-out of the use or processing of your Personal Information for profiling or targeted advertising.
• Opt-out of the sale of your Personal Information.

We will not discriminate against you because you have exercised any of your rights. Certain state laws may also provide you the right to appeal our decisions regarding your rights requests if we do not timely respond to your requests or do not take action regarding your requests. Additionally, if you are a resident of the state of California, you may have a right to pursue legal action for improper handling of your Personal Information.

Choice and Control of Personal Information

We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that data. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law. Access, portability, correction, and deletion. If you wish to access, download, correct, or delete personal information about you that we hold, send us a request by using the contact methods described at the bottom of this Privacy Notice.

Communications preferences. You can choose whether to receive promotional communications from us by email, SMS, and telephone. If you receive promotional email or SMS messages from us and would like to stop, you can do so by following the directions in the messages you receive. These choices do not apply to certain transactional or informational communications including surveys and mandatory service communications.

Data sharing. Some privacy laws define "sale" or “sharing” broadly to include some of the disclosures described above in Section 3, How We Use Personal Information, and Section 4, How We Disclose Personal Information. To opt-out from such data “sharing” please utilize the controls described below in Section 5 of our Cookie Notice, Your Privacy Choices. You can also send us a request by using the contact methods described in Section 9, Contact Information, of this Privacy Notice, and we can walk you through the use of our Cookie Manager and Consent Tools.

Targeted advertising. To opt-out from or otherwise control targeted advertising, you have several options. Please review Section 5 of our Cookie Notice, Your Privacy Choices, to learn more about your targeted advertising choices.

Submitting a Rights Request

If you wish to exercise the rights listed above, and are a resident of a state that provides such privacy rights, you may submit a request by emailing privacy@helloheart.com or by calling us at 1 (800) 767-3471. We will provide your Personal Information to you in writing in a readily usable format. You may also opt-out of the use or processing of your Personal Information for profiling or targeted advertising by emailing privacy@helloheart.com. If you choose to submit your request via email, please include “Privacy Rights Request” in the subject line and clearly provide us with the following information: what type of request are you making, your full name, email address, phone number, and a valid residential address. You may only make one request per email. In some cases, we may request different or additional information, including a signed declaration that you are who you say you are. We will inform you if we need such information.

If you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further, we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal to our privacy office using the contact methods described in Section 9, Contact Information, of this Privacy Notice.

Authorized Agents: Authorized agents may exercise rights on behalf of an individual by submitting a request via privacy@helloheart.com and indicating that they are submitting the request as an agent. We may require the agent to demonstrate authority to act on behalf of the individual by providing signed permission from the individual. We may also require you to verify your own identity directly with us or to directly confirm with us that the individual provided the authorized agent permission to submit the request.

Sensitive Data of Virginia, Colorado,  Connecticut, Montana and Texas Residents

If you are a resident of Virginia, Colorado, Connecticut, Montana or Texas we will not process your Sensitive Data (as that term is defined under the Virginia Consumer Data Protection Act; the Colorado Privacy Act; Connecticut’s Act Concerning Personal Information Privacy and Online Monitoring; the Montana Consumer Data Privacy Act; and the Texas Data Privacy and Security Act) without your prior consent.

We only use and disclose Sensitive Personal Data for the following purposes: (i) performing services or providing goods reasonably expected by an average person in that context; (ii) detecting security incidents; (iii) resisting malicious, deceptive, or illegal actions; (iv) ensuring the physical safety of individuals; (v) for short-term, transient use, including non-personalized advertising; (vi) performing or providing internal business services; (vii) verifying or maintaining the quality or safety of a service or device; or (viii) for purposes that do not infer characteristics about you.
‍
Notice of Financial Incentive: We may offer programs, benefits, and other offerings to consumers related to the collection with retention, or sale of Personal Information that may be deemed a “financial incentive” or “price or service difference” under the California Consumer Privacy Act (“CCPA”). These offerings may involve collecting the following categories of Personal Information from customers who participate: identifiers; customer records; protected class and demographic information; commercial information and preferences; internet or other electronic network activity information and device information; audio, electronic, visual, or other sensory information; and inferences. We are providing you with this information so that you may make an informed decision on whether to participate in our programs. Examples of the programs we offer include:

• Surveys: We may offer our customers opportunities to participate in surveys. In exchange for participation you may be offered a financial incentive, such as a discount or a coupon. As part of these surveys we may collect Personal Information, such as your name, preferences, experiences, beliefs, opinions, and other responses to the survey questions. Participation in surveys is governed by the applicable terms and conditions for the survey, which will also describe any financial incentives associated with that survey and how to participate. You can terminate participation at any time as will be explained in the survey terms. Our good-faith estimate of the value of your Personal Information is the value of the benefit we offer to you. We have calculated such value by using the expense related to the benefit.
• Contests and Sweepstakes: From time to time, we may offer incentives limited to a specific time period, such as limited-time sweepstakes and contests. In exchange for your participation in these promotions, you may be offered a financial incentive, such as a prize. As part of these limited-time contests or sweepstakes, we may collect your Personal Information, such as your name, email address, and phone number and use, disclose, or sell that information as described in our privacy notice, including for marketing purposes. Participation is governed by the applicable terms and conditions for the program (e.g., Sweepstakes Rules and Prize Acceptance Agreements), which will also describe how to participate. You can terminate participation at any time as will be explained in the program terms. The value of your Personal Information corresponds to the value you can receive from participation (such as the value of the prize, which will be disclosed in the applicable terms), divided by the total number of participants.
• One-Time Promotions: In addition to the programs identified above, we may also offer you one-time percentage off coupons, discounts, or other promotions from time to time, such as when you provide us your email address and agree to receive marketing emails in exchange for a one-time coupon. Such offers may not be available at all times. The amount and terms of such offers will be presented to you at the time of the offer. You can terminate participation at any time by contacting us at contact@helloheart.com. Our good-faith estimate of the value of your Personal Information is the value of the benefit we offer to you. We have calculated such value by using the expense related to the benefit.

By participating in any of the above promotional programs, you agree that the benefits are reasonably related to the value of the Personal Information collected and retained. Participation in our promotional programs is always optional, and you can terminate program participation at any time as explained in the applicable program terms.  You can also contact us at contact@helloheart.com to unsubscribe or cancel your participation in any program.

‍

Section 9 - Contact Information

If you have questions regarding this Privacy Notice, please contact us at: contact@helloheart.com.