INFORMATION THAT YOU GIVE US
We will use this information:
to provide you with the Services that you request from us;
to carry out our obligations arising from the Terms of Use;
to contact you in the future to provide you with information about other products and services that we offer, or that are offered by our affiliates or third party vendors;
to notify you about changes to our Services;
to comply with applicable laws and regulations;
to determine additional ByHeart materials, services, or events to recommend and market to you;
to provide advertising of ByHeart and its products and services on other websites and platforms;
to perform direct marketing of products and services offered by ByHeart and our affiliates;
for training purposes, quality assurance, and to record details about the products and services that you use or order from us;
to make inquiries about you for credit reference purposes; and
to perform data analyses (including anonymization and aggregation of Personally Identifiable Information).
INFORMATION THAT WE COLLECT ABOUT YOU
We will use this information:
to provide targeted advertising and marketing services;
to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes;
to improve our Site to ensure that content is presented in the most effective manner for you and for your computer; and
as part of our efforts to keep our site safe and secure.
INFORMATION THAT WE RECEIVE FROM OTHER SOURCES
We will combine this information with information that you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information that we receive).
DO WE SHARE YOUR INFORMATION WITH ANY THIRD PARTIES?
ByHeart does not sell your Personally Identifiable Information to any third parties. To provide the Services, we sometimes disclose Personally Identifiable Information in the form of aggregated, anonymized data to service providers. We currently use Google Analytics (traffic analysis, SEO optimization), Klaviyo (mailing list management), Segment (customer data management and integration), and Shopify (e-commerce).
We also use social buttons provided by services like LinkedIn and Facebook. Your use of these third party services is entirely optional. We are not responsible for the privacy policies and/or practices of these third party services, and you are responsible for reading and understanding those third party services’ privacy policies.
We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share personal information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personally Identifiable Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personally Identifiable Information with our Agents.
Our service providers are contractually obligated to comply with all applicable laws (e.g., the NY SHIELD Act and CCPA), and all such third parties use your Personally Identifiable Information only on behalf of ByHeart and under the instructions of ByHeart regarding how your information may be used and processed. ByHeart takes reasonable steps to ensure that these third parties use your Personally Identifiable Information only for the purposes for which they have been engaged by ByHeart, and that they do not share or sell your Personally Identifiable Information to anyone else.
By enjoying our Site and Services and sharing your Personally Identifiable Information with us, you agree that we have the right to share the categories of Personally Identifiable Information we collect, as identified above, with our service providers for the following business purposes:
Sales: for the purpose of fulfilling requests from you to purchase goods and services from our Site;
Targeted advertising: to provide advertising of ByHeart and its products and services on other websites and platforms;
Marketing: for the purpose of direct marketing of goods and services offered by ByHeart and our affiliates;
Cloud services: for the provision of cloud storage services;
Contractual performance: for the performance of any contract that we enter into with you;
Web analytics: for analytics and search engine service providers that assist us in the improvement and optimization of our site;
Health assessment: for the analysis of health- and wellness-related information that you submit to ByHeart in any form, including to an expert.
We may also disclose your Personally Identifiable Information to third parties in the following circumstances:
In the event that we sell or buy any business(es) or asset(s), in which case we will disclose your Personally Identifiable Information to the prospective seller or buyer of such business(es) or asset(s) as part of the purchase, transfer, or sale of services or assets;
If we sell all or substantially all of our assets to a third party, in which case personal information about our customers will be one of the transferred assets;
If we are under a duty to disclose or share your Personally Identifiable Information in order to comply with any legal obligation, or any lawful request by public authorities (including to meet national security or law enforcement requirements), or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of us, our customers, or others.
Whenever we share information with third parties, we will take steps to ensure that the third parties put in place adequate measures to safeguard your Personally Identifiable Information, and they will be required to use any Personally Identifiable Information only for the intended purpose for which it was shared.
OUR STORAGE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
ByHeart uses reasonable and appropriate measures to protect your Personally Identifiable Information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into due account the risks involved in the processing undertaken and the nature of the Personally Identifiable Information that we collect.
We will keep your personal data for as long as we need it, or as otherwise prescribed by law, for the purposes set out above. This period will vary depending on your interactions with us. We may also keep a record of correspondence with you (for example, if you have made a complaint) for as long as is necessary to protect us from any and all actual or threatened legal claims against us.
You may unsubscribe from any of our email and marketing updates by following the unsubscribe instructions in the body of any email message we have sent to you. We will take commercially reasonable steps to implement your unsubscribe requests promptly, but you may still receive promotional information from us by mail for up to sixty (60) days, and up to fifteen (15) days for email. You may also continue to receive information from those third parties to whom we have previously disclosed your Personally Identifiable Information.
Please note that when you unsubscribe from our marketing communications, we will keep a record of your email address to ensure that we do not send you marketing emails in future.
ACCESS TO OTHER WEBSITES
Our Site may include links to and from other websites, including our partner networks and affiliates and other third parties. If you follow a link to any of these websites, please note that these websites are not covered by this Privacy Policy. We are not responsible for the privacy practices of any third parties or the content of linked sites, although we do encourage you to read the applicable privacy policies and terms and conditions of use of such parties or websites. This Privacy Policy only applies to how ByHeart deals with your Personally Identifiable Information; it does not apply to any other company or any other company’s website, even if you access these websites via our Site. Please check those websites’ policies before you use them or submit any Personally Identifiable Information to them.
CHOICES ABOUT YOUR PERSONAL INFORMATION
You may access and change personal information that you have submitted by logging into your Account and updating your profile information, or contacting us at hello@byheart.com. We may communicate with you via email if you purchase products or services from the Site. You may opt out of receiving some or all categories of promotional communications from us by following the instructions in those communications or by updating your email preferences in your Account.
PUBLIC INTERACTIVE FORUMS AND OTHER POSTING AREAS
We may offer public interactive forums and other posting areas through our Site and on other platforms, like office hours, discussion boards, product reviews, chat rooms, community forums, social media pages, etc. When you participate in these offerings, other visitors to and Users of our Site and other platforms may be able to see your username, postings, and other personal information you choose to provide or communicate. You should take this into consideration before posting to the Site and exercise caution when disclosing such information. Information you post could remain viewable even after you remove it or delete your Account.
If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks in connection with the Site or your use of our products or services, we collect information that you share with us, or that the social media platforms share with us. For any user-generated content you submit to us or when you interact with us on our public interactive forums or other publicly available posting areas, that information will be publicly available, and may be used and reshared for our own activities such as advertisements, creative assets, email marketing, and organic social media. [We will seek your consent prior to sharing user-generated content that identifies you by name.] For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use.
DO NOT TRACK REQUESTS
Our Site does not respond to Do Not Track requests at this time, as there is currently no industry standard approach to sending, processing, and addressing Do Not Track requests from browsers. Please see https://allaboutdnt.com/ for more information on “Do Not Track” requests.
PROTECTING CHILDREN’S PRIVACY
We are strongly committed to protecting the safety and privacy of children who may visit our Site. Our Site is not designed for nor is it intended to be used by children under the age of thirteen (13). We do not knowingly collect personal information online from children under the age of thirteen (13), and we have adopted techniques to ensure compliance with this Privacy Policy and with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Our Site includes content that we believe to be unsuitable for children under the age of thirteen (13), and we encourage all parents to talk to their children about online safety and to monitor their children’s use of the Internet.