EFFECTIVE DATE: DECEMBER 15, 2021
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TABLE OF CONTENTS
1. Your California Privacy Rights
2. Your European Privacy Rights
3. Information We Collect on the Website
4. How We Use Your Personally Identifiable Information and Usage Information
5. External Links
6. Public Forums/User Content
8. Updating or Deleting Your Personally Identifiable Information
9. Ad Serving
10. Google Analytics
12. Jurisdictional Issues – Consent to Transfer
13. Children’s Privacy
14. Contacting HeroMaker
YOUR CALIFORNIA PRIVACY RIGHTS
Effective Date: December 15, 2021
I. Information We Collect, Use, Disclose and Sell
We collect information from you when you use our website, including contact information, billing and payment information, information about products and services you buy, information about how you access and use the Internet, demographic information (like your age and gender), and employment information. We share this information with our business partners for the reasons described in this CA Policy.
II. Disclosure of Personal Information
We disclose personal information to our business partners, as described in the section of this CA Policy called “Information We Collect, Use, and Disclose”.
III. Your Rights and Choices
You have the right to request that we tell you what personal information we have collected used or disclosed over the past 12 months.
You have the right to request that we delete personal information that we collected from you. There are some exceptions to this right.
Only you, or a person that you give permission, may make these requests. When you make a request, you will need to give us enough information so that we can identify you and understand the nature of your request. If we can’t grant your request, we will tell you why.
We don’t usually charge a fee to respond to your request. If we need to charge a fee, we will tell you why and give you a cost estimate before completing your request.
We do not sell your personal information.
We will not discriminate against you for exercising any of these rights.
IV. Contact Information
I. Information We Collect, Use, and Disclose
This Section contains the categories of personal information we may have collected in the preceding 12 months.
– We collect and use categories of personal information as set forth in the California Consumer Privacy Act for the business and commercial purposes described in this CA Policy, including: contact information (including identifiers such as name, full shipping address, country of residence, phone number, username, password, and email address); financial information (including billing address, credit card information, banking information, telephone number and other information necessary to complete a transaction or purchase); commercial information (including record of products or services purchased, and the date and time the transaction occurred); Internet or other electronic network activity; characteristics of protected classifications under California or federal law (such as demographic information like age and gender); and professional or employment information.
– We collect these categories of personal information from you.
– We disclose each category of personal information for business and commercial purposes to the extent permitted by law as described in this CA Policy to the categories of parties described in this CA Policy, which may include our family of companies; our service providers, vendors, and suppliers; our business and marketing partners, including advertising networks, data analytics providers, and social networks; and other parties in connection with business transfers, legal, safety, fraud prevention, and enforcement activities.
II. Disclosure of Personal Information
We disclose personal information to our service providers and third parties, in the Section of this CA Policy called “Information We Collect, Use, and Disclose.”
III. Your Rights and Choices
The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Access, Rectification, and Correction of Your Information. You have the right to request that we disclose what personal information we have collected, used, or disclosed over the past 12 months. Further, you have the right to rectify and correct any personal information we have collected, used, or disclosed.
Right to Request Deletion. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
Right to Opt-out of Sale. You have the right to opt out of allowing us to sell your personal information that we collected from you and retained, subject to certain exceptions.
Right to Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights.
Right to request portability of your personal information. This right entitles you to receive a copy (in a portable and, if technically feasible, readily usable format) of your personal information, or request us to transmit such personal information to another data controller.
Exercising Access and Deletion Rights. To exercise the access and deletion rights described in this Section III, Your Rights and Choices, please submit a verifiable consumer request to us by either:
– submitting the request online here, or
– emailing us at firstname.lastname@example.org
Only you, or a person that you authorize to act on your behalf as permitted by law, may make a verifiable consumer request related to your personal information.
If you or an authorized agent submit a consumer request up to two times in a 12-month period via the online form or by emailing us, we will respond in accordance with the CCPA:
– Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
– Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
IV. Contact Information
Your European Privacy Rights
We process your personal data to the extent permitted by law. Such processing may include the transfer to and storage of your data at servers outside the European Union including locations within the United States. In this context we rely on a variety of legitimate reasons for data processing including your informed consent (Article 6(1) lit. (a) GDPR), the necessity to process your personal data as part of the performance of a contract to which you are or wish to become a party (Article 6(1) lit. (b) GDPR ) and/or the necessity to process your personal data for the purposes of our legitimate interests (Article 6(1) lit. (f) GDPR ). Those interests include in particular the improvement of our services. Any personal data will only be stored on file for the time necessary to fulfill the legitimate purpose including the observance of applicable statutory requirements to maintain certain documentation of our services.
We do not share your data with any third parties unless permitted by law. However, we may involve data processors acting on our behalf and helping us to perform our contractual services.
We hereby inform you that you as the data subject have the right to request from us access to and rectification or erasure of your personal data or restriction of processing or to object to such processing as well as the right to data portability. You also have the right to lodge a complaint with the competent a supervisory authority. Further, you may at any time withdraw your once given consent. Either of those rights may be exercised by contacting us using the Contact Form or by emailing us at email@example.com. Please specify your demand so that we can act in accordance with your wishes.
Information We Collect on the Website
Collection of Usage Information. When users come to our Website, we automatically collect “Usage Information” which include among other things, which pages of our Website were visited, the order in which they were visited, when they were visited, and which hyperlinks were “clicked.” We also collect information from the URLs from which you linked to our Website. Collecting such information may involve logging the IP address or other unique identifier (“Device Identifier”) for your computer, phone, tablet or other device used to access the Website (a, any “Device”), operating system and browser software used by each user of the Website, which itself could infer geographic location based on a user’s point of connectivity.
Technology Used on the Website
Cookies, web beacons and embedded script allow HeroMaker to serve you better and more efficiently, and to personalize your experience at our Website. Cookies, web beacons and embedded script are not used to retain Personally Identifiable Information. You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookies, certain functions and conveniences of this Website may not work properly, but you do not have to accept our cookies in order to use many functionalities of the Website.
California Business & Professions Code Section 22575(b)(as amended effective January 1, 2014) provides that California residents are entitled to know how HeroMaker responds to “Do Not Track” browser settings. HeroMaker does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.
Collection of Personally Identifiable Information. In order to access certain features and benefits on our Website, you may need to submit “Personally Identifiable Information” (i.e., information that can be used to identify you). Personally Identifiable Information can include information such as your name, address, telephone number and email address as well as credit card or bank information, shipping information, and User Content (described below). You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to HeroMaker. Inaccurate information may affect your ability to use the Website, the information you receive when using the Website, and our ability to contact you. For example, your email address should be kept current because that is one of the primary manners in which we communicate with you. We may collect Personally Identifiable Information in connection with various functionality and services offered via the Website, including the following:
Updates and Newsletters. HeroMaker may now, or in the future, offer you the ability to receive email updates and newsletters. In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name, email address, and zip code.
Participation in Contests, Sweepstakes, and Other Promotions. HeroMaker may offer you the opportunity to participate in a contest, sweepstakes, or other promotions on or through the Website. If you desire to participate in any such contest, sweepstakes, or other promotion, you will be asked to provide us with certain information necessary to conduct such contest, sweepstakes, or other promotion. This information may include, among other things, your name, age, mailing address, email address, and phone number.
Communications with HeroMaker. We may receive Personally Identifiable Information when you send us an email message or otherwise contact us.
Metadata. Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other’s APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if you make your photo public by posting it on our Website.
Payment Information. Payment information is Personally Identifiable Information in connection with your bank, credit card, or other source of funds. Payment information may include identity verification information for purposes of fraud prevention. We may collect or receive payment information when you conduct a shopping transaction.
How We Use Your Personally Identifiable Information and Usage Information
Please take some time to familiarize yourself with the different ways HeroMaker uses the information that we gather.
Usage Information. We use Usage Information in aggregate form to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Website.
Updates and Newsletters. We use Personally Identifiable Information collected when you sign-up for our various email, newsletter, or update services to send you the messages and newsletters that you request us to send.
Participation in Contests, Sweepstakes and Other Promotions. We use the Personally Identifiable Information that we collect from you when you participate in a contest, sweepstakes, or other promotion through the Website for processing purposes and in connection with Winner’s lists. For instance, when a Promotion involves a users’ uploading of User Content to the Website, we may use the Metadata associated with that User Content in order to identify the source of the content and to increase its visibility for the purposes of the Promotion
Disclosure to HeroMaker Service Providers. Our service providers, including operations and maintenance contractors, may have access to your Personally Identifiable Information in the course of providing products or services to us. These service providers may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Website.
Disclosure to Acquirers. We may disclose and/or transfer your Personally Identifiable Information to an acquirer, assignee, or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of HeroMaker to which your Personally Identifiable Information relates.
Administrative and Other Purposes. We may use your Personally Identifiable Information for administrative reasons, such as to contact you about Website or policy updates, or for other reasons disclosed by us when you submit your Personally Identifiable Information.
Payment Information. We only use payment and identity verification information as necessary to complete a particular transaction, provide a requested service, enforce legal rights or comply with applicable law.
Corporate Family. Your Personally Identifiable Information may also be shared with our subsidiaries and affiliates.
Public Forums/User Content
We incorporate commercially reasonable safeguards to help protect and secure your Personally Identifiable Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our Websites and provide us with your information at your own risk.
Updating or Deleting Your Personally Identifiable Information
You may unsubscribe from certain email communications by clicking the “Unsubscribe” link provided at the bottom of an email sent to you by HeroMaker. You may also contact us through our Contact Form in order to delete or update your Personally Identifiable Information on our systems. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personally Identifiable Information, such as records of your deletion request for fulfillment purposes. Please note that we reserve the right to send you certain communications relating to your use of the Website and these transactional messages may be unaffected if you choose to opt-out from marketing communications.
We may use third party network advertisers and similar vendors to serve our advertisements across the internet and third party analytics service providers to evaluate and provide us with information about the use of the Website and viewing of our content. We do not share Personally Identifiable Information with these third parties, but ad network providers and analytics service providers may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including Usage Information. You may wish to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding the “opt-out” procedures of certain third party ad servers we may use.
Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any prospective change, update, or modification will be effective immediately upon posting on our Website. We will not use your Personally Identifiable Information in a manner materially different than what was stated at the time it was collected without your consent.
Jurisdictional Issues — Consent to Transfer
The Website is operated in the United States and intended for users located in the United States. If you are located in the European Union, Canada or anywhere else outside of the United States, please be aware that information we collect, including, without limitation, Personally Identifiable Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personally Identifiable 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 Website or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.
Our website and the products we provide are not directed to or intended for individuals under the age of 13. Without affirmative authorization, we do not knowingly collect personal information from children under 13 years of age, nor do we sell the personal information of children under 13 years of age. If we become aware that a child under the age of 13 has provided us with personal information, we will take steps to delete such information. If you become aware that a child under the age of 13 has provided us with personal information, please contact us.
Phone: +1 (805) 285-3885
Address: 3288 Adams Ave. #16297, San Diego, CA 92116-9998 Attn: Legal Affairs