Updated as of the 7th day of April 2022
1. Introduction
Welcome! You have reached a website and/or its subdomains and/or a portal, application, or other service (collectively, the "Site") that is owned and operated by Hartbeat, LLC and/or its affiliates, related entities, divisions, subsidiaries, or parent companies (“Company,” “we,” “our,” or “us”). Please read these terms carefully. By accessing or viewing the Site or participating in or using any service offered on this Site (collectively, the “Services”), you agree to these Terms of Use (“Terms of Use” or “Terms”). These Terms form a binding contract between you and Company. If you are using the Services on behalf of a company or organization, you represent that you have permission and authority to represent such company or organization, and such company or organization will also be considered a party to the contract established by these Terms.
From time to time, Company may decide to modify, add, or delete portions of these Terms and will post those changes here. If Company does so, your continued use of the Services after any such changes have been made means you agree to such changes. We will call your attention to any material modifications to these Terms, either directly by email or through your “Account” (as defined below) (if any), or with a notice when you enter the Services. The amended Terms will automatically be effective when posted on this Site or on a date certain, as indicated. In addition, Company reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying, or removing features and functionality of the Services, or updating how our Services are provided. Company further reserves the right to suspend or terminate the Services for any reason or at any time.
2. Privacy Policy
At Company, we are committed to privacy and security, and to providing the best possible user experience for our users. Please view our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Services. Our use of your information is always governed by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use of your information consistent with the Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.
3. Content & Ownership
The Services contain different types of content and to each type, different sets of rights and rules will attach. In each case, “Content” includes videos, text, graphics, photographs, videos, illustrations, artwork, and other works of authorship. Each type of Content is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights (“IP Rights”).
Records: Records of information, which may include personal information, (“Records”) may be included as part of profiles or as resources as part of the Services. Records may be listed by Company or by a registered user and may be revised or updated by Company or a user. Company cannot guarantee the accuracy of any such Records as of any particular time, and you rely on any such Records at your own risk. You should only use the Records in connection with legitimate professional work and may not use these Records to send mass mailings, unsolicited material, or spam any of the individuals or businesses. Such actions may be a violation of law and of these Terms, with ensuing legal consequences.
You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, Company or its licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of such Content (collectively, “Company Content”). Your use of the Services shall not grant you any claim of ownership over any Company Content, and you agree to comply with all applicable copyright and trademark laws. You may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Company Content, in whole or in part, without the prior written permission of Company. You may print copies of the Company Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Company Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from the Site. The use of Content from the Services on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Company’s prior written approval.
For permission to use Content from this Site or from marketing material authored and distributed by Company, you must request written permission in advance and provide full attribution. Permission should be requested by contacting WWN@hartbeat.com.
4. Account Creation; Risk of Loss
To access and use the Services, we may require you to register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process and in connection with your use of the Services, and to update such information to keep it accurate, current, and complete. You must be at least 18 years of age to create an Account. If you create an Account, you are responsible for maintaining the confidentiality of your Account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, Account (or any part thereof), or use of the Services at any time and for any or no reason. Company will not be liable to you or any third party for any termination of your access to the Services. If your status as a registered user of the Services is terminated for any reason, whether voluntarily or involuntarily, you hereby agree and represent, as a condition for your use of the Services, that you will (i) stop using the Services and any information obtained from the Services, and (ii) destroy all copies of your Account information, password, and any information obtained from the Services, including but not limited to, all Content in your possession that originated with the Services.
5. Use of Account; Prohibited Actions
Company reserves the right to refuse service, cancel service orders, terminate Accounts, or remove or edit Content, in its sole discretion.
By using the Services:
6. Security
Violating the security of the Services is prohibited and may result in criminal and civil liability, along with immediate termination of your Account (if any). We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement. Examples of security violations include, without limitation, disclosing or sharing of Content beyond the permissions you have received, sharing or recklessly using any security credentials, usernames, and passwords, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any users, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
7. Submitted Materials
Please note that the transmission of confidential, sensitive, privileged, and/or financial information via email is not secure. Any confidential or personal information requested by Company should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.
Unless specifically requested, Company does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email made available on the website). Accordingly, if you send Company any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts, or demos in any media including photographs, graphics, audiovisual media, or other material (collectively, “Submitted Material”), then unless otherwise indicated on the Site, you grant Company a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereafter invented, including for commercial purposes. In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, in connection with such review, comment, or other content. If you send Company any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Company any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Company to use Submitted Material as permitted by the license in this Section. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments, or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.
8. Third Party Websites
The Site may contain links to third-party services that take you outside of the Company Services (“Linked Services”). We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such Linked Services, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Services. When you follow a link to another service, that service will be governed by different terms and a different privacy policy. You should be sure that you read and agree to those policies.
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or throughout the Services, including, without limitation, with respect to the payment and delivery of related products or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs, or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Services, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.
9. Mobile Features
We may offer features that are available to you via your mobile phone or other mobile device. These features may include the ability to communicate with us and other users, interact and post content, or otherwise access features of the Services (collectively, “Mobile Features”). Additional terms may apply to your use of any Mobile Features. We may serve you some or all of our Mobile Features through an application that is owned and operated by us or by a third-party developer. Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues.
You agree that the Mobile Features may send communications to your mobile device regarding Company or other parties. Further, we may collect information related to your use of the Mobile Features. If you use any Mobile Features that require us to be aware of your mobile number, you agree to notify us of any changes to your mobile number and update your Account(s) with us to reflect this change.
10. Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, related entities, divisions, subsidiaries, and parent companies, each of the foregoing’s officers, directors, employees, affiliates, and agents from and against any claims, losses, damages, fines, penalties, or other liabilities in any way associated with: (i) your use of and access to the Services; (ii) your violation of any of these Terms; and/or (iii) your violation of any applicable law or third-party right, including, but not limited to, any copyright, trademark, trade secret, or privacy right related to your user Content (as applicable) or use of the Services.
11. Disclaimers
COMPANY MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THIS SITE OR WITHIN THE SERVICES, WHETHER PROVIDED BY COMPANY OR A USER. THE CONTENT AND INFORMATION INCLUDED AS PART OF THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE PRODUCTS, INFORMATION, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SITE OR THE SERVERS THAT MAKE THE SITE OR OTHER SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. COMPANY DOES NOT SPONSOR OR ENDORSE ANY PARTICULAR CONTENT, SPECIFIC USERS, OR CONNECTIONS BETWEEN USERS. COMPANY IS LIKEWISE NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN USERS OR OTHERS THAT OCCUR OUTSIDE OF THE SERVICES, WHETHER ONLINE OR IN PERSON. IN ALL SUCH CONNECTIONS AND INTERACTIONS, EACH USER AGREES THAT THEY PROCEED AT THEIR OWN RISK.
12. Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL COMPANY (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES, OR EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE SITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES, AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. Claims of Infringement
Company respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Company will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Company will disable and/or remove access to the Site for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s Designated Copyright Agent with the following information:
DMCA Notice of Alleged Infringement (“Notice”)
Copyright Agent
Hartbeat, LLC
15910 Ventura Blvd, Suite 1500
Encino, CA 91436
Phone: 1 833-867-9797
Email: Copyrightgroup@laughoutloud.com
While Company considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use), you may wish to seek the advice of an attorney.
14. Changes to Services; Termination of Services
Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Use by discontinuing your use of the Services and access to the Site. Company also reserves the right, in its sole discretion, to cease providing the Services and this Site at any time.
15. Severability
If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Terms of Use will be severable and remain in full force and effect.
16. Notice of Arbitration Provision and Waiver of Jury Trial
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any and all disputes relating to or arising from the Terms of Use or the Privacy Policy, including disputes regarding the validity of this arbitration clause, shall be settled by a single arbitrator in an arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California. The arbitration shall be governed by the laws of the State of California. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. This agreement to mediate and/or arbitration is a final and irrevocable waiver of the opportunity to file a lawsuit in court to resolve claims and the right to a jury trial to the fullest extent permitted by law. You should carefully consider this and other provisions of these Terms and the Privacy Policy and have the right to consult legal counsel regarding this provision. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.
17. General
These Terms of Use will be governed by the laws of the State of California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use will be in the state or federal courts located in Los Angeles, California. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Company may assign its rights and delegate its duties under these Terms of Use in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets. Nothing in these Terms of Use constitutes a partnership or joint venture between you and Company. Company does not guarantee continuous, uninterrupted, or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. Sections 3 (Content & Ownership); 4 (Account Creation; Risk of Loss); 5 (Use of Account; Prohibited Actions); 6 (Security); 7 (Submitted Materials); 10 (Indemnification); 11 (Disclaimers); 12 (Limitation of Liabilities); 14 (Changes to Services; Termination of Services); 15 (Severability); 16 (Notice of Arbitration Provision and Waiver of Jury Trial); and 17 (General) survive any termination or expiration of these Terms of Use. Additionally, any provision that is, by its nature, intended to survive termination of these Terms will so survive.
18. Contact Us
If you have questions about these Terms or the Services, you may contact Company at WWN@hartbeat.com.
You may also contact us at:
Hartbeat, LLC
15910 Ventura Blvd, Suite 1500
Encino, CA 91436
Updated and effective as of the 18 th day of April 2022
Introduction
Welcome. You have arrived at a website provided by Hartbeat, LLC (“Company,” or “we,” “our,” or “us”). We respect your privacy and want to protect your personal information.
This Privacy Policy governs WomenWriteNow.com, its subdomains, and all portals, applications, products, goods, services, events, and any interactive features, applications, or other services that post a link to this Privacy Policy (the “Site(s)”). This Privacy Policy also applies to information (including the “Personal Information” defined below) that we may collect from you in person at our physical location (“Location”), via phone calls or other communications with our personnel, or in any other instance when you contact us. We refer to all of the above as our “Services.”
If you register to participate in the Services, you are joining a diverse group of different users of the Services, each of whom may use the Services in a different way with a different goal. Those who have not registered may still access certain parts of our Services. Each registered or non-registered user is referred to herein as a “User.”
As a preliminary matter, it is important to note that if you contact us to inquire about our Services, visit our Locations, voluntarily sign up for an account, or otherwise use or interact with our Site or Services, you agree to (a) our collection, use, and disclosure of your information as part of the Services, as set forth in this Privacy Policy, and (b) our Terms of Use. This Privacy Policy is incorporated into our Terms of Use which govern your use of this Site and the Services. If you do not agree to the terms of this Privacy Policy or the Terms of Use, do not access or use our Site or Services. If you have questions about this Privacy Policy or the Terms of Use, please contact us at WWN@hartbeat.com.
In this Privacy Policy, we tell you what information we collect, why we collect it, how we use it, under what circumstances we may share it with third parties, how we protect that information, and how you may opt out of the sharing of that information. Your personal information will be shared with members of our Company who need to know this information in order for us to provide Services to you. At times, we may need to disclose your personal information to third parties outside the Company who may be assisting us with providing Services to you, as set forth in this Privacy Policy.
This Privacy Policy does not apply to any products, goods, services, websites, or content that is offered by third parties (collectively, “Third Party Services”), which are governed by their respective privacy policies.
Table of Contents
1. What Information We Collect
As described more fully below, we collect information from you directly, automatically when you interact with the Services, and from third parties. Some of this information will be publicly available; other information will be seen by other Users; and other information may be for your own use as described in our Terms of Use. We may combine the information we collect with the Services with information we collect through other services we provide. We may also combine information we collect in any offline setting with information we collect online.
Some of the information we collect may be considered “personal information” under various applicable laws. We consider information that identifies you as a specific, identified individual, such as your name, phone number, and email address, to be personal information. We will also treat other information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law. We may de-identify your personal information so as to make it non-personally identifiable, either by combining it with information about other individuals and/or by hashing the information or otherwise removing characteristics that make the information personally identifiable to you. We will treat de-identified information as non-personal to the fullest extent allowed by applicable law.
(a) Information You Provide to Us
In connection with the Services we provide, we may ask you to provide us with certain personal information, including:
Your decision to provide us with information is voluntary, but if you choose not to provide the requested information, you may not be able to take advantage of all of the Site’s features or our Services.
(b) Information That Is Automatically Collected
In addition to information that you choose to submit to us, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the Services (“Usage Information”). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone, or other device (each, a “Device”) whenever you visit or interact with our Site. Usage Information may include:
For location information, we may use this information to provide customized Services, content, and other information that may be of interest to you.
If you no longer wish for us or our service providers to collect and use location information, you may disable the location features on your Device. Consult your Device manufacturer settings for instructions. Please note that if you disable such features, your ability to access certain features, Services, content, promotions, or products may be limited or disabled.
(c) Use of Cookies and other Tracking Technologies
We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter, or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Site, include, but are not limited to, the following (as well as future-developed tracking technology or methods that are not listed here):
We may use Tracking Technologies for a variety of purposes, including:
We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about the use of the Services and report on activities and trends. This service may also collect information about the use of other websites, apps, and online services. You can learn about Google’s practices by going to https://policies.google.com/technologies/partner-sites, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
You can get more information about Cookies and Tracking Technologies, and instructions on how to opt out of cookies and certain tracking technologies, in our “Ads and Information About You” section below.
(d) Sources of Personal Information
Additionally, we may obtain personal information from you where you expressly provide us with the information. Examples of sources from which we collect information include interviews and phone calls with you, letters, e-mails or other communications from you, information from your referral or reference sources, information provided via web forms or inputs/uploads into our Site or at events we attend or sponsor, documents you have provided to us, and employment and membership applications.
(e) Information We Collect When You Interact with Third-Party Sites
The Site may include functionality that allows certain kinds of interactions between the Site and your account on a third-party website or application. The use of this functionality may involve the third-party site providing information to us. For example, we may provide links on the Site to facilitate sending a communication from the Site or we may use third parties to facilitate emails or postings to social media (like a “Share” or “Forward” button). These third parties may retain any information used or provided in any such communications or activities and these third parties’ practices are not subject to our Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should read the applicable third-party privacy policies before using such third-party tools on our Site. Please also see our Terms of Use for further information.
(f) Information from Third Parties
In addition, we may collect information about you from other sources, including consumer credit reporting agencies, background check vendors (for employment), and state or federal agencies. We may combine the information we collect from third parties with information that we have collected from you or through your use of the Services, and will apply this Privacy Policy to the combined information.
2. Why We Collect Information
We may use your information for various purposes, including:
Responding to your requests for information;
Allowing you to participate in the Services (and any features or activities that we offer), and providing Services to you, including legal and business services;
Providing the Services to others, including allowing other Users to connect with you;
Updating and verifying existing personal information we have in our records;
Verifying identity and for fraud prevention;
Processing your payments;
Evaluating your employment application or submission materials;
Providing updates and information about products and services we provide;
Sending you marketing information about Company and our affiliated entities;
Sending you email communications such as electronic newsletters about our Services and events and promotions which may be of interest to you;
Improving the effectiveness of our Services, our marketing endeavors, and our product and service offerings;
Identifying your product and service elections and preferences, providing personalized content and ads and informing you of new or additional information, products, services, and content that may be of interest to you;
Helping us address problems with and improve our Site and our products and services, including testing and creating new products, features, and services;
Protecting the security and integrity of the Services, including understanding and resolving any technical and security issues reported on our Services;
Administering employee benefits, such as medical, dental, commuter and retirement benefits, including recording and processing eligibility of dependents, absence and leave monitoring, insurance and accident management, rewards or discount programs offered to employees;
Conducting analysis, research, and reports regarding the use of our Site and Services;
For internal business purposes;
Complying with the law and protecting the safety, rights, property, or security of Company, the Services, and the general public; and
For other purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
3. How We Share and Disclose Information
We may aggregate, de-identify, and/or anonymize any information collected through the Site or Services such that such information is no longer linked to your personally identifiable information. We may use and share this aggregated and anonymized information (non-personal information) for any purpose, including, without limitation, for research and marketing purposes, and may also share such data with our affiliates and third parties. We may share the information we have collected about you as disclosed at the time you provide us with information or your consent, and as described in this Privacy Policy, including:
To Other Users / As Part of the Services. We may disclose your information to other registered and non-registered Users in connection with our provision of the Services, and in other ways as disclosed at the time you provide your information and as described in this Privacy Policy.
Unaffiliated Third Parties for Direct Marketing Purposes. We do not share your personal information with unaffiliated third parties for their direct marketing purposes without your consent (which may consist of offering you the opportunity to either opt-in or opt-out of such sharing).
To Service Providers. We may provide information to third-party service providers to perform certain services or functions on our behalf, or assist us in providing the Services to you, but only if we have a contractual agreement with the other party which prohibits them from disclosing or using the information other than for the purposes for which it was disclosed. Examples of such disclosures include using a payment processor, reservations maker, merchandise store, customer service provider, email marketing provider, food delivery service, data analysis provider, or other administrative services.
In Connection with Business Transitions. We may disclose your information in connection with a business transition, such as a merger, acquisition, bankruptcy, or sale of all or a portion of our assets, including during the course of any due diligence process, provided that we take appropriate precautions (for example, through a written confidentiality agreement) so the purchaser, merger partner, or other applicable third party does not disclose information obtained in the course of the review. By providing your personal information, you agree that we may transfer such information to the acquiring entity without your further consent.
4. Ads and Information About You
You may see certain ads on our Site because we participate in advertising networks administered by third parties. These networks track your online activities over time and across third-party websites and online services by collecting information through automated means, including through the use of the Tracking Technologies described above, and they use this information to show you advertisements that are tailored to your individual interests. The information they collect includes information about your visits to our Site, such as the pages you have viewed. This collection and ad targeting takes place both on our Site and on third-party websites that participate in the ad network. This process also helps us track the effectiveness of our communications and marketing efforts. You can find additional information in our Cookie Policy, including ways to opt-out of certain Tracking Technologies.
5. Your Choices About the Information We Collect
If you would prefer that we not share your name and mailing address with third parties (other than with our affiliates) to receive promotional offers, you have the option to opt out of such sharing. To do so, please email us at WWN@hartbeat.com. Your choice will not affect our ability to share information in the other ways described in this Privacy Policy.
If you do not wish to receive e-mails about special offers, events, and other promotions from us, email us at WWN@hartbeat.com to opt out or click the link in the email to “unsubscribe.” If you do not wish to receive other marketing materials by regular mail from us, please write us at:
Hartbeat, LLC
15910 Ventura Blvd, Suite 1500
Encino, CA 91436
If you opt-in to receive updates from our system about other Users, these are not marketing emails, but you may still opt-out of receiving such updates in the future by changing your settings in your online account.
Please note that certain of your personal information, such as your name or other identifying information, may remain in our database even after a deletion request in order to maintain the integrity and historical record of our database and systems, or to comply with applicable laws and regulations. We reserve the right to send you certain communications relating to your use of our Services, service announcements, notices of changes to this Privacy Policy, or other terms, or similar administrative or transactional messages, and such messages will be unaffected by any choice to opt out of marketing communications.
6. Children’s Privacy
The Site and the Services are not intended for use by children under the age of 18. We do not request, or knowingly collect, any personally identifiable information from children under the age of 18. If you are the parent or guardian of a child under 18 who you believe has provided her or his information to us, please contact us at WWN@hartbeat.com to request the deletion of that information.
7. Do Not Track Disclosures
Do Not Track (“DNT”) is a web browser setting offered by some web browsers that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and/or other web services you encounter while browsing to stop tracking your activity. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals), but there is no universally-agreed upon standard for what a company should do when it detects a DNT signal. Like many websites and online services, we may not alter our practices when our systems receive these signals or other mechanisms from a visitor’s browser, unless specifically required by law. You can learn more about Do Not Track at www.allaboutdnt.com.
8. Visitors to the Site Outside of the United States
If you are visiting the Site from a location outside of the U.S., your connection will be through and to servers located in the U.S. All information you receive from the Site will be created on servers located in the U.S., and all information you provide will be maintained on web servers and systems located within the U.S. The data protection laws in the United States may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries, as set forth in this Privacy Policy.
9. Updating Personal Information
Registered Users: You may correct or update some of the personal information we have about you through your online account. You are responsible for maintaining and updating, as applicable, your account and profile information with current, accurate, and complete information. Note that we may retain information that is deleted, updated, or otherwise changed for internal or administrative purposes.
All registered Users have the right to request the removal of certain content they have publicly posted on the Site. You may be able to remove the content through your online account. Otherwise, you may request that Company remove the content by contacting us at WWN@hartbeat.com. In some circumstances, we may maintain the content but remove any reference to you so that the posts are anonymized. When submitting a request, please be sure to include your full name, email address, and information sufficient to permit us to locate the content you are requesting us to remove. You may also request deletion of your account by emailing WWN@hartbeat.com.
We will make such requested changes in our active databases as soon as reasonably practicable. Note that any removal of public postings in accordance with these procedures does not ensure complete or comprehensive removal of the content or information you posted, which may persist in archival records or may have been copied by third parties while publicly accessible, and that deleting your account may not result in the removal of the public postings.
10. Links
For your convenience, the Site and this Privacy Policy may contain links to other websites. Company is not responsible for the privacy practices, advertising, products, services, or the content of such other websites. None of the links on the Site should be deemed to imply that Company endorses or has any affiliation with the links. Please see our Terms of Use for more information.
11. Security
We incorporate commercially reasonable safeguards to help protect and secure your personal information. However, no system can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our Services, or guarantee that it will be free from unauthorized access by third parties. You provide us with information at your own initiative and risk.
12. International Data Transfers
Because Company works with global companies and technologies, we may transfer your personal information outside of the country in which it was originally provided. This may include transfers to third parties, such as service providers or affiliated entities who are located outside the United States or the European Union, where data protection laws may not offer the same level of protection as those in the U.S., E.U. or European Economic Area (“EEA”). When we transfer personal data outside of these areas, we take steps to make sure that appropriate safeguards are in place to protect your personal information.
13. Information for European Union, European Economic Area, and United Kingdom Residents
EU/UK Data Subject Rights
The GDPR (EU General Data Protection Regulation) provides certain rights for EU/EEA residents. Residents of the United Kingdom have similar rights under the Data Privacy Act. You can access information about you and update or correct it. In some cases, you can also ask us to erase it, restrict or stop processing, or provide data in a “portable” form, if feasible. You may withdraw consent (“opt-out”) if you have previously consented to any particular use of your information, such as receiving emails or text messages. For all requests, contact WWN@hartbeat.com. You may also decline to share certain personal data with us, in which case we may not be able to provide some or all of the features and functionality of our Site or Services.
You may make changes to the personal data collected by our account registration pages as described in the “Updating Your Information” section, above. We will make commercially reasonable efforts to provide you reasonable access to your personal data within thirty (30) days of your access request to the contact address below. We provide this access so that you may review, make corrections, or request deletion of your personal data. If we cannot honor your request within thirty (30) days, we will inform you when we will be able to provide such access. If for some reason access is denied, we will provide an explanation as to why access is denied. When technically feasible, at your request, we will provide your personal data to you or transmit it directly to another controller.
Retention of Information
We retain your personal data while you have an account with us and while you continue to use or visit any of the Services. We will retain your personal data for as long as it is reasonably necessary for the purposes set out in this Privacy Policy, considering the time period reasonably necessary to: provide the Services to you; exercise the choices and rights you have requested; comply with our contractual obligations; enforce our terms for use of the Services; and comply with legal and regulatory requirements.
Inquiries and Complaints
Please first contact us as set forth below. If you are an EU/EEA or UK resident, you have the right to make a complaint to your national data protection supervisory authority if you do not believe we have resolved your concern.
Contact Us
For all EU/EEA and UK data subject rights requests, please put the statement "Your EU/UK Data Subject Rights" in the subject field of your request. Please provide your contact information in your request and clearly indicate that you are requesting information with respect to the Services.
Email Address
WWN@hartbeat.com
Postal Address
Hartbeat, LLC
15910 Ventura Blvd, Suite 1500
Encino, CA 91436
14. Information for Canadian Residents
Canadian residents may have additional rights under Canadian law, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and successor legislation. Please see the website of the Office of the Privacy Commissioner of Canada (www.priv.gc.ca) for further information.
You and we confirm that it is our wish that this Privacy Policy, the Terms of Use, and all other related policies be drawn up in English. Vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s'y rattachent.
15. Your California Privacy Rights
This section of the Privacy Policy applies solely to California residents. We adopt this policy to comply with the CPRA, to the extent that it may apply to us. Any terms defined in the CPRA have the same meaning when used in this section.
Company collects certain types of information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, we may have collected the following categories of Personal Information from our Users within the last twelve (12) months:
|
Category |
Purposes of Collection |
Categories of Sources from Which Collected |
Categories of Sources to Which Disclosed |
|
A. Identifiers Examples: name, email address, and device identifiers |
To allow you and others to receive the Services To help us to improve the Services and to serve you better For legal, regulatory, administrative, and internal business purposes To protect against misuse of the Services, fraud, or criminal activity To detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Services For other purposes described to you at the time of collection or otherwise consistent with this Privacy Policy |
You Other Users Third-party service providers and business partners Publicly available sources Cookies and other tracking technologies |
Other Users Service providers, as described in the “How We Share and Disclose Information” section above Third parties who may acquire your information in connection with a merger, acquisition, or other ownership transition Third parties or affiliated companies when you request that we share your information with them Other third parties (including government entities) to comply with laws, regulations, or legal requests or to protect or defend our rights or the rights of any third party |
|
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Examples: name, education, and employment background |
To allow you and others to receive the Services To help us to improve the Services and to serve you better For legal, regulatory, administrative, and internal business purposes To protect against misuse of the Services, fraud, or criminal activity To detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Services For other purposes described to you at the time of collection or otherwise consistent with this Privacy Policy |
You Other Users Third-party service providers and business partners Publicly available sources |
Other Users Service providers, as described in the “How We Share and Disclose Information” section above Third parties who may acquire your information in connection with a merger, acquisition, or other ownership transition Third parties or affiliated companies when you request that we share your information with them Other third parties (including government entities) to comply with laws, regulations, or legal requests or to protect or defend our rights or the rights of any third party |
|
C. Protected classification characteristics under California or federal law Examples: gender identity and ethnicity |
To allow you and others to receive the Services To help us improve the Services and to serve you better For legal, regulatory, administrative, and internal business purposes To protect against misuse of the Services, fraud, or criminal activity To detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Services For other purposes described to you at the time of collection or otherwise consistent with this Privacy Policy |
You Other Users Third-party service providers and business partners Publicly available sources |
Other Users Service providers, as described in the “How We Share and Disclose Information” section above Third parties who may acquire your information in connection with a merger, acquisition, or other ownership transition Third parties or affiliated companies when you request that we share your information with them Other third parties (including government entities) to comply with laws, regulations, or legal requests or to protect or defend our rights or the rights of any third party |
|
D. Commercial information Example: information about your projects |
To allow you and others to receive the Services To help us improve the Services and to serve you better For legal, regulatory, administrative, and internal business purposes To protect against misuse of the Services, fraud, or criminal activity To detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Services For other purposes described to you at the time of collection or otherwise consistent with this Privacy Policy |
You Other Users Third-party service providers and business partners Publicly available sources |
Other Users Service providers, as described in the “How We Share and Disclose Information” section above Third parties who may acquire your information in connection with a merger, acquisition, or other ownership transition Third parties or affiliated companies when you request that we share your information with them Other third parties (including government entities) to comply with laws, regulations, or legal requests or to protect or defend our rights or the rights of any third party |
|
E. Biometric information |
Not collected |
Not applicable |
Not applicable |
|
F. Internet or other similar network activity Examples: login information, areas of the Site you visit, and devices used to access the Site |
To allow you and others to receive the Services To help us improve the Services and to serve you better For legal, regulatory, administrative, and internal business purposes To protect against misuse of the Services, fraud, or criminal activity To detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Services For other purposes described to you at the time of collection or otherwise consistent with this Privacy Policy |
Cookies and other tracking technologies Third-party service providers |
Service providers, as described in the “How We Share and Disclose Information” section above Third parties who may acquire your information in connection with a merger, acquisition, or other ownership transition Third parties or affiliated companies when you request that we share your information with them Other third parties (including government entities) to comply with laws, regulations, or legal requests or to protect or defend our rights or the rights of any third party |
|
G. Geolocation data |
To allow you and others to receive the Services To help us improve the Services and to serve you better For legal, regulatory, administrative, and internal business purposes To protect against misuse of the Services, fraud, or criminal activity To detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Services For other purposes described to you at the time of collection or otherwise consistent with this Privacy Policy |
You Other Users Third-party service providers |
Service providers, as described in the “How We Share and Disclose Information” section above Third parties who may acquire your information in connection with a merger, acquisition, or other ownership transition Third parties or affiliated companies when you request that we share your information with them Other third parties (including government entities) to comply with laws, regulations, or legal requests or to protect or defend our rights or the rights of any third party |
|
H. Audio, electronic, visual, thermal, olfactory, or similar information Examples: Headshots and videos |
To allow you and others to receive the Services To help us improve the Services and to serve you better For legal, regulatory, administrative, and internal business purposes To protect against misuse of the Services, fraud, or criminal activity To detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Services For other purposes described to you at the time of collection or otherwise consistent with this Privacy Policy |
You Other Users Third-party service providers |
Other Users Service providers, as described in the “How We Share and Disclose Information” section above Third parties who may acquire your information in connection with a merger, acquisition, or other ownership transition Third parties or affiliated companies when you request that we share your information with them Other third parties (including government entities) to comply with laws, regulations, or legal requests or to protect or defend our rights or the rights of any third party |
|
I. Professional or employment-related information Examples: Projects you have worked on |
To allow you and others to receive the Services To help us improve the Services and to serve you better For legal, regulatory, administrative, and internal business purposes To protect against misuse of the Services, fraud, or criminal activity To detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Services For other purposes described to you at the time of collection or otherwise consistent with this Privacy Policy |
You Other Users Third-party service providers and business partners Publicly available sources |
Other Users Service providers, as described in the “How We Share and Disclose Information” section above Third parties who may acquire your information in connection with a merger, acquisition, or other ownership transition Third parties or affiliated companies when you request that we share your information with them Other third parties (including government entities) to comply with laws, regulations, or legal requests or to protect or defend our rights or the rights of any third party |
|
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) |
Not collected |
Not applicable |
Not applicable |
|
K. Inferences drawn from other personal information Examples: Whether your profile is trending within the Site |
To allow you and others to receive the Services To help us improve the Services and to serve you better For legal, regulatory, administrative, and internal business purposes To protect against misuse of the Services, fraud, or criminal activity To detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Services For other purposes described to you at the time of collection or otherwise consistent with this Privacy Policy |
Ourselves Third-party service providers |
Other Users Service providers, as described in the “How We Share and Disclose Information” section above Third parties who may acquire your information in connection with a merger, acquisition, or other ownership transition Third parties or affiliated companies when you request that we share your information with them Other third parties (including government entities) to comply with laws, regulations, or legal requests or to protect or defend our rights or the rights of any third party |
Under California law, if you are a resident of California, you may have the right to (a) request that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the specific pieces of Personal Information we have collected about you in the prior twelve (12) months (“Right to Know”); (b) request that we delete the Personal Information we collect about you (“Right to Delete”), subject to exceptions set forth in the CCPA; and (c) opt-out from the sale of your Personal Information. These rights are subject to some limitations, such as when we are retaining data to comply with our own legal obligations. At this time, we do not sell Personal Information to third parties.
Please note that if we collected information about you for a single one-time transaction and do not keep that information in the ordinary course of business, that information will not be retained for purposes of a request under this section. In addition, if we have de-identified or anonymized data about you, we are not required to re-identify or otherwise link your identity to that data if it is not otherwise maintained that way in our records.
We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not:
However, we may offer you certain financial incentives if and to the extent permitted by the CPRA that can result in different prices, rates, or quality levels. Any CPRA-permitted financial incentive we offer will reasonably relate to your personal information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
You may make a request to us by contacting us by email, postal mail, or telephone as described below. We may require you to confirm your identity and your residency in order to obtain the information, and you are entitled to make this request only twice per year. Please include “California Privacy Rights” as the subject line of your communication. You must include your full name and email address, and attest to the fact that you are a California resident by including a California postal address in your request. We will acknowledge your request within ten (10) days and respond to your request within forty-five (45) days or let you know if we need additional time.
Email Address:
WWN@hartbeat.com
Postal Address:
Hartbeat, LLC
15910 Ventura Blvd, Suite 1500
Encino, CA 91436
Toll-Free Number:
+1 (833) 867-9797
OTHER CALIFORNIA RIGHTS / YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please email us at WWN@hartbeat.com or write to us at the following mailing address: Hartbeat, LLC, 15910 Ventura Blvd, Suite 1500, Encino, CA 91436. You must put the statement “Your California Privacy Rights” in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
16. Your Nevada Privacy Rights
Pursuant to Nevada law, you have the right to opt-out of the sale of certain covered personally identifiable information we have collected about you through our websites and online services, as those terms are defined under applicable Nevada law. We do not currently sell your covered information as those terms are defined under applicable Nevada law. However, you may still submit an opt-out request and we will honor that request as required by Nevada law if we were to ever engage in such a sale in the future. If you are a Nevada resident and would like to opt-out of future sales of your covered information, please submit your request to WWN@hartbeat.com. Your request must include your full name, street address, city, state, zip code, and an email address so that we can contact if needed regarding this request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request.
17. Questions / Changes in Privacy Policy
If you have questions or concerns with respect to our Privacy Policy, you may contact us at WWN@hartbeat.com or at:
Hartbeat, LLC
15910 Ventura Blvd, Suite 1500
Encino, CA 91436
To the extent permitted by applicable law, we reserve the right to change or amend our Privacy Policy in our discretion at any time. We will notify you of material changes by posting the changed or modified Privacy Policy on our Site. We may also provide notice to you in other ways, such as through the contact information you provided. Any changes will be effective immediately upon the posting of the revised Privacy Policy, unless otherwise specified. Your continued use of the Services after the effective date of the revised Privacy Policy (or such other act as specified in the revised Privacy Policy) will, to the fullest extent permitted by applicable law, constitute your consent to those changes. However, we will provide notice and/or obtain your consent (opt-in or opt-out) if required by law. Note that you may need to consent to our new policies in order to continue participating in the Services. If you are concerned about how your personal information is used, please visit our Site often for this and other important announcements and updates.