Effective July 25th, 2022
Heartware, LLC. (“Heartware”), provides services and training on how to effectively bring empathy into your code and communication. We have written this Privacy Notice to help you understand what information we collect, how we use it, secure it and share it.
This Privacy Notice applies to Heartware websites, including www.heartware.dev (the “Site”),
This Privacy Notice does not apply to any Heartware website, service or product that
INTRODUCTION AND OVERVIEW
Heartware is committed to protecting your privacy in a variety of ways, including using industry-accepted security measures to protect against loss, misuse and alteration of data contained in our systems. This Privacy Notice is designed to describe not only what we collect, use and share but also how we secure and maintain our users’ (“Users”) and Site visitors' personal information when collected in connection with use of our Services. Other than described in this Privacy Notice, your personal information will never be rented, sold or provided to any
third-party without your consent.
We strongly encourage you to read this Privacy Notice so you understand our policies and practices regarding collection and use of your information, who we share it with, how we secure it, and any rights you may have associated with your personal information. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this Privacy Notice. This Privacy Notice may change from time to time, and your continued use of our Services following any changes or updates is deemed acceptance of those changes, so please be sure to check this Privacy Notice periodically for updates or changes.
Heartware is committed to complying with laws to which it is subject, including applicable privacy laws. Our Services are not intended for children under 18 years of age, and we do not knowingly collect personal information from individuals under age 18. If you are under 18, do not provide any information on this Site. If we learn we have collected or received personal information from an individual under age 18, without verification of parental consent, we will delete that information.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We collect your personal information in different ways, based on how you use and interact with our Services. Some of this information is provided directly by you, while other information may be provided indirectly such as through your use of our Site.
We collect information when you provide it directly.
We will collect certain information when you provide it to us directly as detailed below.
When you sign up to access or use certain features of our Site, or you fill in forms on our Site, such as the “Contact Us” form or participate in our comment sections or Blog, we receive certain information which may include:
- Your name
- Email address
- Phone number
- City, State and Country
- Company/Organization/School name
When you purchase, download and use the Services, Heartware receives information provided by you directly (and/or your organization) in order to deliver the Services to you. This information may include:
- Your name
- Email address
- Mailing and/or billing address
- Phone number
- Company/Organization/School name
- Credit Card information associated with your purchase
When you access the Site, logs of your activity are generated. These logs help us diagnose problems with our server, administer the Site, and to otherwise provide our Services to you. These logs may automatically collect standard web log entries for each page served, including your IP address, page URL, browser type, and language, access times, referring website addresses, information you search on the Site, date and timestamps associated with Site access and usage, system configuration information, and other interactions with the Site and/or Software.
We collect information from some third-party sources.
We may collect information about you from other third party or public sources, such as social networks when you use “Share This” via Facebook, Instagram, Twitter, YouTube, Google+, or other social media “like” buttons or plug-ins available on the Site.
We indirectly collect information through automated technologies.
Our Services and our service providers may collect certain information about the computer or device you are using and Internet connection, including your IP address, operating system and browser type. This automatically collected information is used to provide us with statistical data and helps us improve our Site and deliver a better and more personalized service. Additional information is available in the section on How We Use your Information.
As is true of most websites, the information we and our service providers may collect include, browsing actions and patterns including traffic data, location data, logs, Site resources you access, and search queries you perform. While we do not provide any Personal Information directly to third-party advertising partners, they may combine automatically collected information with personal information they collect directly from you or receive from other sources.
We want to be transparent about the automated technologies we use, and in order to accomplish that, we have made additional resources available to provide more detail around automatic information collection technologies available on our Cookie and Automated Technology Notice.
Information you post in comments or blog.
We will display personal information on your profile as you direct when creating your Heartware account profile. Please be sure that you limit any information you do not want others to view or have access to in their use of the site. If you elect to post information by using the site, any information you provide may be read, collected, and used by others with access. To request removal of your personal information from the community forum, contact us at [email protected] In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Do Not Track Requests +
HOW WE USE YOUR PERSONAL INFORMATION
When you purchase Services on the Site, we may request personal information, such as your name and email address, user name and password, billing address, and credit card number to provide you with relevant support. The security of personal information you provide, our Site and our Services is critical to our business. We use information, which may include personal information, to monitor and analyze use of the Site and the Services, to reduce fraud, protect our Users and customers, authenticate Users and administer your use of the Services.
WHY AND WITH WHOM WE SHARE YOUR PERSONAL INFORMATION
Third Party Providers
We know you cannot do it alone and neither can we. We work with trusted third parties in order to effectively operate our business and deliver the Services to you. This may require that we provide those third parties with access to your personal information or that those third parties may collect your information directly when using our Services and we want you to know who they are. Heartware works with the following Third Parties:
Third Party Purpose
Kajabi, LLC. Our Site is built on and operates on the Kajabi platform (https://kajabi.com/policies/privacy)
Stripe, Inc. Purchases of Services can be performed through Stripe.com, a property of Stripe, Inc. (https://stripe.com/privacy )
Slack Technologies, Inc. We use Slack, a property of Slack Technologies, Inc. for internal
business purposes such as communicating between company departments and project collaboration.
Pipedrive, Inc. We use Pipedrive for our internal CRM process. (https://www.pipedrive.com/en/privacy)
ACCESS TO YOUR PERSONAL INFORMATION AND YOUR CHOICES
Heartware understands and recognizes that it is important for you to have a choice about how your information is used. Accordingly, we have created mechanisms to give you greater control over your information as follows:
Visitors to Our Website.
If you do not wish to receive promotional emails from us, including our e-newsletters, you may either opt-out or follow the unsubscribe process at the bottom of the promotional email or email us at [email protected]. Note that even if you opt-out, you may still receive transactional and service-related emails from us that may be necessary for us to continue to provide you with Services or respond to your enquiries. Examples of these communications include: emails related to the completion of your purchase, responses to support requests, password reset requests and any other similar communications essential to your use of Services.
You can set your browser to refuse some browser cookies, or to alert you when cookies are being set.
ADDITIONAL TERMS FOR OUR USERS IN THE EUROPEAN ECONOMIC AREA
For users and visitors from the European Economic Area and the United Kingdom.
The European Union’s General Data Protection Regulation (GDPR) requires that we provide additional information and certain disclosures to Users and Site visitors from the European Economic Area and the United Kingdom as follows:
Our Legal Basis for Processing Your Personal Information
The legal basis we rely on for collecting and using the personal information described in this notice depends upon the relevant personal information and the context in which we collect it.
Generally, we collect personal information from you only where: 1) we have your consent; 2) where we need the personal information to perform a contract with you (for example, when providing our Products/Services), or 3) where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. We may also have a legal obligation to process personal information about you, or may need to process personal information in order to exercise, establish or defend a legal claims.
If we ask you to provide personal information to comply with a legal requirement or where we need to perform a contract with you (such as when you purchase our Products or Services), we will make this clear and indicate whether providing your personal information is required.
Heartware will retain the personal information collected from you where we have an ongoing legitimate business need to do so, such as to provide you with the Services requested or to comply with applicable legal, tax or accounting requirements.
We will either delete or anonymize your personal information when we do not have an ongoing legitimate business need to process your personal information. If deleting or anonymizing is not possible, such as where your personal information is stored in backup archives, we will keep your personal information stored security and isolate it from processing until we are able to delete it.
Your data protection rights
We want you to know that you have the following data protection rights:
- You may request access, correction, deletion or updates to your personal information;
- You may object to our processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information;
- You may opt-out of marketing communications we send you at any time by clicking on the “unsubscribe” or “opt-out” link in the marketing emails you receive. You may also opt-out of other forms of marketing, such as postal marketing or telemarketing;
- Where we have collected and process your personal information based upon your consent, you can withdraw your consent at any time. Please note however, that withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information where we have relied upon an alternate legal basis for the processing; and
- You have the right to submit a complaint to your local data protection authority about our collection and use of your personal information.
To make a request based upon any of the foregoing rights, please contact us at [email protected] with “Personal Information Request” in the subject line, and provide us with full details in relation to your request, including your contact information and any other detail you feel is relevant.
We will respond to all requests received from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
We will retain your information for as long as your account is active or as needed to provide services to your organization. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Heartware knows that the security of your personal information is important. We take reasonable precautions to protect personal information in our possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have implemented precautions designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. While we take security of your information seriously, the safety and security of your information also depends on you. Where you have created a password for access to certain parts of the Services, you are responsible for keeping this password confidential.
We follow generally-accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about the security of our Site, you can email us at [email protected] with "Questions about Site Security" in the subject line.
If Heartware goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal data will likely be among the assets transferred. You will be notified via prominent notice on our Site for 30 days following any such change in ownership or control of your personal information.
BREACH OF PRIVACY PROTOCOLS
If you have received unwanted, unsolicited email sent by Heartware or from any Heartware system or purporting to be sent by Heartware, please forward a copy of that email with your comments to [email protected] for our review.
If you have questions or complaints regarding our Privacy Notice or practices, please contact us at [email protected] with “Privacy Enquiry” in the subject line and provide detail on your question or complaint so that we may adequately respond.
Questions or comments regarding this Privacy Notice should be submitted to Heartware by mail or email as follows:
Attention: Privacy Manager
117 Hanover Ave
Ashland, VA 23005
Any updates or changes to our Privacy Notice will be posted to this Privacy Notice, our home page, or any other places we deem appropriate. We reserve the right to modify this Privacy Notice at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page prior to the change becoming effective.
Cookie and Automated Technology Notice
Technologies like cookies, beacons, tags, and scripts are used on our Site by Heartware and our tracking utility partners. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
A “cookie” is a small text file that is stored on a user’s computer or mobile device and when you visit a website. Cookies then send information back to the originating website on each subsequent visit, or to another website that recognizes that same cookie. Cookies are useful because they allow a website to recognize a user’s device.
Heartware utilizes Cookie technology on our sites for purposes of Site traffic analysis such as the time/date of the visit, the page viewed, the referring site, and other data. Cookies perform many different jobs, like allowing you to navigate between pages efficiently, remembering your preferences, and generally improving a user’s experience on a website. They can also help to ensure that the advertisements you see online are more relevant to you and your interests.
We use different types of cookies on our Site, as explained below.
We do not require any cookies to be accepted for our Site to function properly.
Performance and Functional Cookies
Performance or functional cookies allow us to count visits and sources of traffic on our Site so we can measure and improve the performance and functionality of our Site. They help us to know which pages of our Site are the most and least popular and see how visitors move around our Site. The information collected by these cookies is used to create aggregated, anonymous analytics reports. If you do not allow these cookies we will not know when you have visited our site, what pages you have visited and will not be able to monitor its performance.
Targeted Advertising Cookies
We do not currently use any cookies for targeted advertising on our Site.
Social Media Cookies
These cookies are used to allow you to share information using a social media sharing button (such as the Facebook “Like”) or where you choose to link your account with us to your social media networking site such as Pinterest. The social media site will record that you have linked your social media account to your account with us. This information may then be used by the social media network to deliver targeted advertising to you.