Effective Date: March 1, 2024
Heart Smith ("Heart Smith," "we," "us," or "our") understands the importance of your privacy. This Privacy Policy applies when you visit our website at www.heartsmith.com (the "Website"), interact with us online or offline, or use any of our products and services. Our Privacy Policy describes our collection of information during your interactions with our Website and services, and the rights and choices you have regarding your information.
By using our Website or any of our services, you agree to the terms of this Privacy Policy. If you do not agree with our policies and practices, please discontinue use of our Website and services immediately.
TABLE OF CONTENTS
- Information Collection
- How We Use Collected Information
- How We Disclose Your Information
- Your Privacy Rights
- Exercising Your Privacy Rights
- Your Privacy Choices & Preferences
- Third Party Websites
- Security
- Age Restrictions
- Changes to Privacy Policy
- Contact Us
INFORMATION COLLECTION
Heart Smith collects various types of information, including Personal Information, about you. "Personal information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
In the previous twelve months, we have collected various types of information, including:
BROWSING INFORMATION
- IP address
- Browser type
- Browser settings
- Device ID
- Server Address
- Domain name
- Operating system
- Date/Time stamps
- Internet Service Provider
- Cookie ID
- We collect browsing information automatically when you visit our Website.
COMMERCIAL INFORMATION
- Business address
- Business phone number
- Business email
- We collect commercial information when you become our customer or vendor, or if you voluntarily provide it to us.
CONTACT INFORMATION
- Name
- Contact details
- Home address
- Personal email
- Phone numbers
- Previous residence address
- We collect contact information when you provide it to us via contact card or in-person at events, email, online form and job application submission, or through other means.
FINANCIAL INFORMATION
- Payment card information
- We collect and tokenize payment card information when you place an order with us or through our vendor.
LOCATION INFORMATION
- Geolocation
- We collect geolocation when you visit our Website.
SENSORY AND BIOMETRIC INFORMATION
- Voice recordings
- Photographs
- Security video footage
- We collect sensory information when you call our customer service or other phone numbers, upload images to our Website, or email images to us, and when you enter any Heart Smith location.
SOCIAL MEDIA INFORMATION
- Profile username
- First name
- Last name
- Contact information
- Profile picture
- Post history
- We collect this information automatically when you share information through social media widgets on our Website. We also collect it when you voluntarily provide it to us.
CORRESPONDENCE AND SURVEY INFORMATION
- Records and copies of correspondence
- Survey responses
- Search queries
- We collect this information when you provide it to us by corresponding with us, responding to surveys, or making searches on our Website.
DEMOGRAPHIC INFORMATION
- Race
- Sex
- Nationality
- Ethnicity
- Age
- Gender
- We collect demographic information through voluntary customer surveys. Customers can opt out of providing this information when responding to a survey.
We collect Personal Information from a variety of different sources, including:
- Website visitors: We collect browsing information automatically from those who visit our Website. We collect contact information, commercial information, and social media data from those who provide it voluntarily via contact forms, job applications, email messages, and social media links.
- Customers, vendors, and service providers: We will collect commercial information, contact information, and financial information when you voluntarily become our customer, vendor, or service provider.
- Cookies and Trackers: We use cookies and other embedded tracking technology like web beacons which automatically collect users browsing information when they use our Website. You will find other parties trackers on our Website. Other parties like our analytics and advertising partners place code with cookies or web beacons embedded in them. These are called third-party cookies. Some third-party cookies are used to track a particular users activity across the Internet. Cookies allow us to tailor the Website to better match your interests and preferences. With most internet browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions to learn more about these functions. If you reject cookies, functionality of the Website may be limited, and you may not be able to take advantage of many of our Website's features.
- Web Beacons ("Tracking Pixels"): Web beacons are small graphic images, also known as Internet tags or clear gifs, embedded in web pages and e-mail messages. 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 Scripts: An embedded script is programming code designed to collect information about your interactions with the Website. It is temporarily downloaded onto your computer from Heart Smith web server, or from a third party with which Heart Smith works, and is active only while you are connected to the Website, and deleted or deactivated thereafter.
- Location-Identifying Technologies: GPS (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.
- Fingerprinting: Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
- 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).
- In-App Tracking Methods: There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as Ad IDs to associate app user activity to a particular app and to track user activity across apps and/or devices.
HOW WE USE COLLECTED INFORMATION
Heart Smith uses data, including Personal Information for a variety of business purposes, as described below:
- Website: We may use your information to provide, improve, upgrade, and enhance the Website.
- Consumer Purchases: We may use your information to process your orders and administer your account.
- Customer Service: We may use your information to respond to emails containing questions or requests. While we retain information in our customer service database to provide better service to our customers, we only save Personal Information associated with questions, comments, and requests in this database to better serve you in the future.
- Mailing List: We may use your information to send mailings notifying you of sales and new products. The names and mailing addresses submitted by visitors are used to mail this information and may be shared with our marketing partners to provide you with additional information or products we think may be of interest to you.
- Accounts: We may use your information to save preferences and your product Wish List, a user-made list of your favorite products. This provides you with a personal experience when you use our Website. You may review and edit your Personal Information at any time by logging in to your account or you may request changes by contacting us.
- Discussion/Social Networking Forums: We may use your information to manage our discussion forums. Our Website may offer discussion forums, message boards, social networking opportunities, chat pages and other public forums or features in which you may provide Personal Information, materials and related content. If you submit Personal Information when using these public features, please note that such Personal Information may be publicly posted and otherwise disclosed and used without limitation or restriction, even after you have deleted or edited your Personal Information.
- Offers, Surveys and Promotions: We may use your information to notify you about special offers, promotions, news and surveys that may be of interest to you. On occasion, we also may send information or offers to you on behalf of other entities.
- Marketing Strategies: We may use your information to better understand your needs and interests and to improve our marketing and promotional efforts or products and services.
- Security, Credit, or Fraud Prevention: We may use your information to protect our rights or the rights of others, protect against malicious, deceptive, or illegal activity, to comply with the law, a court order, or a subpoena, or to protect the security of our Website or its terms of use.
- Other Purposes: We may use your information for other purposes with your consent or where permitted by law.
HOW WE DISCLOSE YOUR INFORMATION
Heart Smith may engage in the sale of your information (as defined under applicable privacy laws) for purposes of marketing and advertising. Certain individuals may opt-out of the sale of their information by following the instructions within the "Exercising Your Privacy Rights" section below. We may disclose your Personal Information in the following ways and circumstances:
- When you consent: Out of respect for your privacy, Heart Smith will not disclose your Personal Information to others without your consent, except as specified in this Privacy Notice.
- With our service providers and vendors: We transfer all or a portion of your information to our service providers who help us deliver our products and services to you and for the purposes described in this Privacy Notice. These service providers are required by contract or law to only use or disclose the information as necessary to perform services on our behalf or as otherwise required by law. Although Heart Smith requires these third parties to meet our privacy and security requirements, Heart Smith does not control the privacy or security policies of such third parties.
- For a merger, acquisition, change in ownership, or reorganization: Personal information we have collected may be disclosed to a third party in the event of a merger, transfer of ownership or assets, bankruptcy, or other corporate reorganization.
- For data analytics: Heart Smith may use third-party analytics tools to help us understand how users interact with the Website. These analytics tools collect information anonymously and report website trends without identifying individual visitors. To learn more about how Google collects and processes data, visit: Google Privacy & Terms.
- When we are legally permitted or required to do so: Heart Smith may disclose without your prior consent any information about you or your use of our Website if we believe disclosure is necessary to protect and defend our rights, enforce the Terms of Use that apply to use of the Website, respond to claims that any content violates the rights of third parties, or satisfy any applicable law, regulation, legal process, or governmental request.
YOUR PRIVACY RIGHTS
Some individuals have certain rights under their state or country's data privacy laws that grant you rights to control your Personal Information. Consistent with these laws, Heart Smith gives you options to access, edit, or remove certain information, as well as choices about how we contact you. Although some of these rights apply generally, certain rights will only apply to limited individuals or circumstances dependent on residency and relevant data privacy law.
- Right to Know and Access Information: You may have the right to know about our information practices and access the categories of data we collect, with whom we share or sell that information, and, in some cases, what specific Personal Information we associate with you or your account.
- Right to Data Portability: If you validly request a copy of your specific information then we will provide it in an easily accessible format.
- Right to Deletion or Erasure: You may have the right to request that we delete the Personal Information we have collected about you. Depending on the applicable law, in some cases we are required or permitted to retain your information, even if you validly requested we delete or erase it.
- Right to Correct Information: You may have the right to request we correct or rectify inaccurate information we have collected about you.
- Right to Limit Use of Information for Advertising: You may have the right to opt-out of our use of your Personal Information for advertising purposes.
- Right to Opt-out: You may have the right to opt-out of our use and collection of sensitive Personal Information.
- Right to Withdraw Consent: You may have the right to withdraw your consent to our data privacy practices.
- Right to Non-Discrimination: You may have the right to not experience discrimination from us for exercising the rights listed in this section. If you need further assistance, you can contact Heart Smith through one of the channels listed under Contact Us.
EXERCISING YOUR PRIVACY RIGHTS
To exercise any of your privacy rights:
- Visit our Privacy Request Form. In order to complete your request, you will be required to respond to any follow-up inquiries we may make, and we may deny your request if you do not do so. Heart Smith will not discriminate against any consumer for exercising these rights.
- For requests submitted by form or phone, you must provide enough information that allows us to verify your identity. Only you, or your authorized agent may make requests regarding your Personal Information. An authorized agent must have documentation that they are authorized to act on your behalf. Heart Smith will attempt to fulfill or reject your request within the amount of time required by law.
YOUR PRIVACY CHOICES & PREFERENCES
You may control how you receive certain types of communications by unsubscribing within the body of the communication. Heart Smith customers can change email preferences by logging in to their customer account. Note that some messages are required, such as service-related messages like transaction confirmation messages, legal notices, or updates. If you would like to remove your name and address from our mailing list, please email us through one of the channels listed under Contact Us. Please include your full name, email address, and phone number in case we have questions. Please allow a reasonable period for your request to be processed. You can opt-out from receiving Heart Smith text messages by following the instructions on text messages that you receive from Heart Smith. To opt-out, reply STOP to the shortcode provided in the text message. Please note that we will not send any text messages to your mobile device without first obtaining your prior consent to receive such messages.
THIRD PARTY WEBSITES
This Privacy Notice applies only to our websites and other services. Our websites may contain links to other websites, including those that permit online transactions. We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other third parties we link to from our websites. Heart Smith does not endorse, approve, or certify these other websites, and we do not guarantee the accuracy, completeness, efficacy, or timeliness of the information contained on those websites. You should check the applicable privacy notice of the websites sponsor when linking to other websites.
Certain functionalities on the websites permit interactions that you initiate between the websites and certain third parties, such as third party social networks (Social Features). If you use Social Features, and potentially other third party services, information you post or provide access to may be publicly displayed on those websites. Similarly, if you post information on a third party service that references the websites (e.g., by using a hashtag associated with Heart Smith in a tweet or status update), your post may be used on or in connection with the websites or otherwise by Heart Smith. Also, both Heart Smith and the third party may have access to certain information about you and your use of the websites and any third-party service.
SECURITY
Pictures on Gold takes reasonable steps to secure your Personal Information. We maintain physical, electronic, and procedural safeguards to ensure that Personal Information is stored and processed responsibly. However, no internet transmission is ever fully secure, and we cannot guarantee that information transmitted via our websites will remain confidential at all times. You provide general or Personal Information to us at your own risk, which you expressly assume.
AGE RESTRICTIONS
Heart Smith takes childrens privacy seriously. By accepting the Privacy Notice through your use of our websites or services, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the websites under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the websites. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such childs use of the websites, including all financial charges and legal liability that such child may incur.
Heart Smith does not have actual knowledge of any Personal Information about individuals under the age of 13 whose information has been collected through our websites or services. If we become aware that a person submitting information to us is a minor, we delete the information as soon as we discover it and do not use it for any purpose nor disclose it to third parties. If you are a parent or guardian concerned that your child may have provided Personal Information to us, please contact us through one of the channels listed under Contact Us. Any California residents under the age of eighteen (18) who have registered to use our websites, and who posted content or information on our websites, can request removal by contacting us, detailing where the content or information is posted and attesting that you posted it. Heart Smith will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that Heart Smith does not control.
CHANGES TO PRIVACY NOTICE
We may update or change this Privacy Notice from time to time. We will post the changes on our websites and will indicate the effective date. Your continued use of our websites or our services after the changes are effective constitutes your acceptance of the Privacy Notice.
CONTACT US
If you have any questions about this Privacy Notice, contact us at:
Heart Smith
Attention: Customer Service
1634 E Elizabeth Ave
Linden, NJ 07036
or info@heartsmith.com
Please include your full name, email address, and phone number in case we have questions.