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Last Updated: December 5, 2023

Introduction

Heartsmart ("Heartsmart", "we", "us", "our") is committed to respecting your privacy and protecting the information you provide to us. This privacy notice ("Notice") applies to personal information about you obtained through www.heartsmart.com (the "Website"), via emails sent to us at email addresses ending in "@heartsmart.com," all personal information provided to us in connection with applications for employment, all personal information we may collect when you enter our premises and all other personal information that we may collect from you directly.

This Notice describes how we may collect, use, and disclose such information; the choices available to you regarding our collection, use and disclosure of your information; how we safeguard the information we collect; and how to contact us with any questions regarding our privacy practices. By accessing or otherwise using any part of the Website, you agree to the collection, use, disclosure practices and other activities as described in this policy. 

If you are visiting the Website from the United Kingdom, European Union or European Economic Area, you may review your rights and our privacy practices here.

Information We Collect

Information You Provide to Heartsmart

Personal information we collect from you may include:

  • Contact Information: such as your name, email address, postal address, and phone number.
  • Account and Login Information: such as your username, password, security questions, and basic details about your account. Some forms on the Website may require you to provide certain information in order to submit the form. You may elect to not provide this information but doing so may prevent you from using or accessing those features. 
  • Payment Information: In order to access some of our services or purchase our products, you may also be required to provide us with payment information, including credit card number, billing address, shipping address, and other information necessary to complete a purchase. Heartsmart takes great care to protect this information and to comply with the Payment Card Industry Data Security Standards (PCI DSS). Heartsmart also does not store payment card information after it has been processed for order fulfillment purposes. 
  • Mailing List Data: such as marketing and communications preferences and interests.
  • Purchase Data: such as information regarding your purchase history with us.
  • Audio, electronic, visual or similar information, including photographs and CCTV footage.
  • Professional Information: such as employment details, education information, occupational history or business relationships.
  • Other information you may choose to provide directly to us.

We collect the aforementioned personal information from you so that we can serve you better, and so that we can provide you with our products and services. For example, we may ask you to provide certain personal information when you wish to purchase a product, when you request a repair service, or when you subscribe to one of our newsletters. Should you choose to enroll in our voluntary rewards program, we will use your basic contact information to track your purchases and accumulate points to your account. We also use the information you provide us to initiate returns, issue product safety notices, and communicate with you.

Information Automatically Collected 

Heartsmart may also automatically collect certain information about you when you access or use the Website ("Usage Information"). Usage Information may include your device identifier, IP address, browser type, location (country only), operating system, and other information regarding your use of the Website.

We may obtain this Usage Information through the following means: 

  • Log information. Log information is data about your use of the Website, such as IP address, browser type, Internet service provider, operating system, date/time stamps, and related data. Log information may be stored in log files. 
  • Information collected by cookies and other tracking technologies. Cookies, web beacons or "tracking pixels," embedded scripts, location-identifying technologies (country only), device recognition solutions, and other tracking technologies ("Tracking Technologies") may be used to collect information about your interactions with the Website. Brief descriptions of these Tracking Technologies are provided below. 
  • Cookies.  Cookies are small text files that may be stored on your computer, smart phone, or tablet when you access the Website. This information can be read by the Website when you return to them. Heartsmart uses cookies to speed up your future visits by storing preferences and login information you provide, and to support a better experience through tailored content. In addition, cookies provide statistical and other information to Heartsmart about how the Website is used in order for Heartsmart to monitor access and use of the sites, assess the effectiveness of particular content, and suggest areas for improvement. Information collected by cookies may be also be used to streamline communications with you by facilitating targeted content, such as suggested products. 
    • Cookies may remain on your hard drive for an extended period of time. The Website may associate some or all of these cookies with your device(s). If you use your browser's method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result, some features of the Website may not be available. For more information about cookies, visit: https://www.aboutcookies.org/Click here to review our Cookie Policy.
  • Web Beacons ("Tracking Pixels"). Web beacons are small graphic images, also known as "internet tags" or "clear gifs," embedded in web pages. Web beacons may be used, without limitation, to count the number of visitors to the Website, to monitor how users navigate the Website, and to count content views. 
  • Embedded ScriptsAn embedded script is programming code designed to collect information about your interactions with the Website. It is temporarily downloaded onto your computer from our web server, or from a third party with which we work, and is active only while you are connected to the Website. It is deleted or deactivated once you are no longer connected. 
  • Device Recognition Technologies. Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household).

Location-Identifying TechnologiesGPS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting content based on your location. Our content may be personalized based on various information we may have about you to try to provide you with more location-relevant content. 

Some information regarding your use of the Website and certain third-party services may be collected by Tracking Technologies across time and across our different services. Heartsmart and third parties may use this information to assist you with account log-ins, to track and accumulate your loyalty points, and to offer you products we think may interest you. 

Apart from collecting Usage Information, we do not automatically collect information from users who are visiting public areas of the Website and who do not affirmatively provide us with more information. This Usage Information is used exclusively for internal purposes, such as analysis of clickstream data and website optimization.

Information Obtained from Third Parties

In limited circumstances, we may obtain information about you from service providers, business partners, or other third parties. For example, we may obtain job applicant data from LinkedIn, Glassdoor, and other career platforms where we have posted listings. 

How We Use Your Information

 

We may use your personal information for one or more of the following purposes:

  • to provide, support, personalize, and develop our Website, products, and services;
  • to process your requests, purchases, transactions, and payments and prevent transactional fraud;
  • to contact you and respond to your requests and inquiries;
  • to operate, manage, secure, maintain, develop and promote our business, Websites and premises;
  • to monitor access to the Website and to protect our business from fraud, money laundering and other financial or business crimes;
  • to screen, identify and evaluate candidates for job positions, including conducting background checks;
  • to personalize your experience when visiting our Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads;
  • to comply with relevant laws or regulations, or to respond to subpoenas or court orders served on us or to bring and defend legal or regulatory claims; 
  • to respond to requests from government agencies, including law enforcement authorities; 
  • in connection with an investigation of fraud, intellectual property infringements, or other activity that is or may be illegal, or which may expose us, our service or content providers, or you to possible legal liability; 
  • if we believe your actions are inconsistent with our user agreements, applicable terms, or policies; or 
  • to protect the rights, property, life, health, security, or safety of Heartsmart, the Website, users of the Website, or any third party. 

We will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you further notice.

 

How We Disclose Your Information 

Heartsmart may share information about you (including, without limitation, personal information we collect) for purposes that are consistent with this privacy policy or our statements at the point of collection, and not prohibited by applicable law.  For example, we may disclose your personal information to third parties that we use to provide some of the services on or through the Website, such as third parties that help us analyze site visitor and associated Usage Information, facilitate customer service,  conduct promotional email campaigns, conduct customer surveys for internal use, and optimize the Website. We may also share payment card and other necessary information with an outside payment processor. 

We do not permit our third-party service providers to use personal information received from us except as necessary to provide the relevant services to us. We do not share personal information with third parties to use for their own purposes (e.g. marketing). 

We may also disclose your personal information to service providers governmental agencies, regulators, law enforcement or other third parties as necessary or required in connection with the categories described in "How We Use Your Information."
In the event we sell or transfer a portion or all of our business assets (e.g. in the course of a merger, reorganization, liquidation, or any other business transaction, including negotiations of such transactions), we may disclose any information to applicable third parties.

Links to Third-Party Sites

Heartsmart's Website may contain links to other websites, including those of third-party organizations which are separate from Heartsmart. Heartsmart is not responsible for the content, privacy practices, or data collection practices of those sites. We encourage you to read the applicable terms and privacy policies before using those linked sites. 

Social Features

Certain features of the Website permit you to initiate interactions between the Website and third-party services, such as social networks ("Social Features"). Social Features include features that allow you to click to and access our Facebook page, and from there, to "like" or "share" our content located on the Facebook platform. We may also have features that otherwise connect the Website to a third-party service (e.g., to push or pull information to or from the Website). If you use Social Features, and potentially other third-party services, information you post or otherwise provide access to may be publicly displayed by the third-party service you use. Both Heartsmart and the third party may have access to certain information about you and your use of the Website and the third-party service. For information regarding any third-party service's collection and use of your personal information, we encourage you to review such third party's privacy policy.

Please note that Heartsmart does not control who will have access to the information that you choose to make available to others on our third-party pages and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the protection, accuracy, use or misuse of any information that you disclose to or receive from third parties through our third-party pages.

Advertising and Analytics

We may serve advertisements on the Website and/or on third-party services, which may be targeted based upon cookie data or other information we have obtained about you through means described herein. 

We may use Google Analytics, Informz web tracking, HotJar, or similar tools to help us analyze and assess user interaction with the Website. These analytics services may use cookies and other Tracking Technologies to gather information about you and other users. Information collected or generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these service providers, who may in turn use this information for purposes such as evaluating your use of the Website, compiling statistical reports on the Website's activity, and providing other services relating to Website activity and other Internet usage.

Your Choices

Email Communications 

Should you choose not to receive promotional emails from Heartsmart or any of its affiliate entities listed above, you may opt out of receiving additional promotional email communications by following the unsubscribe link at the bottom of our emails. You may also contact us directly at [email protected]. Please note that even if you opt out of receiving promotional communications from us, we may continue to send you non-promotional emails, such as those related to your orders or product inquiries. 

Tracking Technologies 

Regular cookies may generally be disabled or removed using tools available as part of most commercial browsers, and in some instances may be blocked in the future by configuring certain browser settings. Browsers offer different functionalities and options, so these may need to be set separately. Tools from commercial browsers may also not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, please visit here. Please be aware that if you disable or remove these technologies, some aspects of the Website's functionality may be limited. 

Your browser settings may also allow you to transmit a "Do Not Track" signal when you visit various websites. Like many websites, this Website is not configured to respond to "Do Not Track" signals received from browsers. To learn more about "Do Not Track" signals, please click here

Analytics and Interest-Based Advertising 
You may exercise certain choices regarding the use of Google Analytics cookies by visiting this page, or downloading the Google Analytics Opt-out Browser Add-on.

Security

Heartsmart takes measures that are designed to protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Our secure server uses advanced encryption and firewall technology to keep your personal information private. Our secure server layer (SSL) software encrypts the information you input so that it cannot be read as it travels to our ordering system. We have security measures in place to protect against the loss, misuse, or alteration of your information while it is in our control. However, Heartsmart cannot guarantee "perfect security" and cannot ensure or warrant the security of any information you transmit to us or others through the Website. Such information is transmitted at your own risk.

Children's Privacy Rights

The Website is not intended for, nor targeted to, children under 13. We do not knowingly or intentionally collect information from children under 13. If we learn that we have received information directly from a child who is under the age of 13, we will delete the information in accordance with applicable law. 

Information for California Residents

This subsection concerning the California Consumer Privacy Act ("CCPA") applies to individuals who are residents of the State of California. CCPA provides consumers who reside in California with certain rights with respect to their personal information. 

  • Personal Information Collection:In the past 12 months, we have collected the following categories of personal information: identifiers, characteristics of protected classifications under California or U.S. federal law, professional and employment-related information, education information, commercial information, internet and electronic network activity, inferences, sensitive personal information, and other categories of personal information that relate to or are reasonably capable of being associated with you. For additional details about the personal information we collect, please see "Information We Collect" above.
  • Sources of Personal Information: For details about how we collect various categories of personal information and from where, please see "Information We Collect" above.
  • Personal Information Disclosed and Categories of Third-Party Recipients: For additional details on how and to whom we disclose personal information, see "How We Share Your Information" above.
  • "Sharing" and "Selling" Personal Information: As outlined in "How We Share Your Information" above, Heartsmart uses certain Tracking Technologies, such as Google Analytics. Since the retention of analytics data of the Website by any third party analytics service provider may impact the price of such analytics services to Heartsmart, it may be deemed a "sale" of personal information under CCPA. You have the right to opt out of this type of disclosure of your personal information to third parties and we have provided opportunities on the Website for you to exercise this right including a link that says "Do Not Sell My Personal Information" on our homepage and a further link in the Contact Us section of this policy. Upon request, we are able to provide details of the categories of personal information we have "sold" to or "shared" (as these terms are defined in CCPA) with third parties. In the past 12 months, these categories of personal information typically only included Internet or other similar network activity data and geolocation data obtained through the Website.  We also do not have actual knowledge that we have sold or shared personal information of minors under age 16. 
  • Business or Commercial Purpose for Collecting and Using Personal Information: For details on the business or commercial purposes for which we collect personal information, see "How We Use Personal Information" above.
  • Sensitive Personal Information: We do not use or disclose your sensitive personal information for purposes that are not necessary in order to provide our products and services as would reasonably be expected by an average consumer requesting those goods and services.
  • Retention of Personal Information: For each of the categories of personal information collected, we retain your Personal Information for as long as reasonably necessary to fulfil the purposes for which such information was collected and in compliance with applicable laws. The criteria used to determine the retention periods include: (i) how long the information is needed to provide the services and otherwise operate our business; (ii) the type of information collected; and (iii) whether we are subject to a legal, contractual, or other obligation to retain the information (g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).
  • Your Privacy Rights as a California Resident: Subject to certain limitations, California consumers have the right to (1) request to know more about the categories and pieces of personal information we collect, use, and disclose, (2) request deletion of your personal information, (3) request correction of your personal information, and (4) not to be discriminated against for exercising these rights, including an applicant's right not to be retaliated against for the exercise of their CCPA rights. California consumers or their authorized agents may make such a request by contacting us through any of the means described in the Contact Us 
  • Shine the Light Law: California Civil Code Section 1798.83, known as the "Shine The Light" law, permits our customers who are California residents to request a list of what personal information (if any) we disclosed to third parties for their direct marketing purposes in the last calendar year and the names and addresses of any such third parties. We currently do not, and have not in the preceding calendar year, disclosed any personal information with third parties for their independent direct marketing purposes.

International Users 

If you are visiting the Website from outside the United States, please be aware that Heartsmart is based in the United States and the information we collect will be transferred to, processed, and stored on our servers in the United States. The data protection laws and regulations applicable to your personal data transferred to the United States may be different from the laws in your country of residence. 

Amendments 

Heartsmart reserves the right to change this privacy notice at any time. The revised notice will be effective at the time of posting to the Website.

Questions and Concerns

If you have questions regarding this policy, or if you believe that Heartsmart has handled your personal information in a manner that does not comply with this policy, or to exercise your rights as outlined in this policy please contact us

  • by phone toll-free at (866) 349-4300
  • by email at [email protected]
  • or by mail at:
    Heartsmart
    5000 Tuttle Crossing Blvd.
    Dublin, OH 43016
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