HEARTBRAIN Marketing Agency, LLC
Current version published: September 22, 2017
PURPOSE FOR COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
HEARTBRAIN MARKETING collects, uses and discloses your Personal Information in its normal course of business for the following purposes:
Establishing and maintaining communications with you;
Where you have requested content or services from HEARTBRAIN MARKETING;
Responding to your inquiries about content and other services;
Making proposals for future service needs;
Allowing our partners, affiliates, and local chapters, to notify you of certain products, services, or events offered by them;
Processing transactions through service providers;
Registration for conferences, training, and other events;
Meeting legal, security, processing and regulatory requirements;
Protecting against fraud, suspicious or other illegal activities; and
Compiling statistics for analysis of our sites and our business.
WHAT INFORMATION WE COLLECT
The information gathered by HEARTBRAIN MARKETING from this Site falls into two categories: (1) information voluntarily supplied by visitors to our Site and (2) tracking information gathered as visitors navigate through our Site.
Information voluntarily provided by you
When using this Site, you may choose to provide us with information to help us serve your needs. The Personal Information that we collect will depend on how you choose to use this Site.
Where you request content
If you request content (such as best practices, research, etc.) or further information from us, we require you to submit your name, e-mail address, the name of your organization, and the country in which you are based so we may send you the material you have requested, and to enable us to identify if you are an existing client of HEARTBRAIN MARKETING.
Following an inquiry into receiving content or services from us, if you decide to proceed, we will collect Personal Information necessary to proceed with the transaction, such as your name, address, post code, contact telephone number, e-mail address, billing address or payment details, as relevant to the product. We will use your Personal Information to administer your account, fulfill registrations, etc. and generally manage your relationship with us.
Where you register with us and/or join the HEARTBRAIN MARKETING as a member
If you register with the Site, request a service available on the Site (such as registration for a conference), or become a member of the HEARTBRAIN MARKETING, we may ask you for your name, e-mail address, country, telephone number and the reason for your communication, as well as information about your position and organization and such other information as is reasonably necessary so that we can provide you with the service or identify what would be of most interest to you. On the data submission form, we shall indicate by way of an asterisk, which information is optional and which information is mandatory.
Where you submit content
Finally, if you submit content through our Site, we will ask for your name and e-mail address, so that, if you choose, we can update you by e-mail when others also comment on the content, and also so that we can manage the content in line with our Statement of Ethics. You should be aware that the information you provide there will be made publically available to HEARTBRAIN MARKETING employees, members and other users of the Site.
Website Navigational Information
As you navigate the Site, we may also collect information through the use of commonly-used information-gathering tools, such as cookies and web beacons (collectively “Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Site (such as the web pages viewed and the links clicked).
There are different kinds of cookies with different functions:
(i) Session cookies: these are only stored on your computer during your web session. They are automatically deleted when the browser is closed. They usually store an anonymous session ID allowing you to browse a website without having to log in to each page. They do not collect any information from your computer.
(ii) Persistent cookies: a persistent cookie is one stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again.
(iii) First-party cookies: the function of this type of cookie is to retain your preferences for a particular website for the entity that owns that website. They are stored and sent between HEARTBRAIN MARKETING’s servers and your computer’s hard drive. They are not used for anything other than for personalization as set by you. These cookies may be either Session or Persistent cookies.
(iv) Third-party cookies: the function of this type of cookie is to retain your interaction with a particular website for an entity that does not own that website. They are stored and sent between the Third-party’s server and your computer’s hard drive. These cookies are usually Persistent cookies.
Where strictly necessary
These cookies are essential in order to enable you to move around the Site and use its features, such as accessing secure areas of the Site. Without these cookies, services you have asked for, such as obtaining a quote or logging into your account, cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
These cookies collect information about how visitors use a Site, for instance which pages visitors go to most often, and if they get error messages from web pages. They also allow us to record and count the number of visitors to the Site, all of which enables us to see how visitors use the Site in order to improve the way that our Site works. These cookies do not collect information that identifies a person, as all information these cookies collect is anonymous and is used to improve how our Site works.
These cookies allow our Site to remember choices you make (such as your user name, language or the region you are in) and provide enhanced features. For instance, a Site may be able to remember your log in details, so that you do not have to repeatedly sign in to your account when using a particular device to access our Site. These cookies can also be used to remember changes you have made to text size, font and other parts of web pages that you can customize. They may also be used to provide services you have requested such as viewing a video or commenting on an article. The information these cookies collect is usually anonymized. They do not gather any information about you that could be used for advertising or remember where you have been on the internet.
The major browsers have attempted to implement the draft “Do Not Track” (“DNT”) standard of the World Wide Web Consortium (“W3C”) in their latest releases. As this standard has not been finalized, HEARTBRAIN MARKETING’s Sites are not compatible with DNT.
For information on all of these categories of cookies, and for more information generally on cookies please refer to www.aboutcookies.org.
The Site may also use web beacons (including web beacons supplied or provided by third parties) alone or in conjunction with cookies to compile information about users’ usage of the Site and interaction with e-mails from HEARTBRAIN MARKETING. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Site tied to the web beacon, and a description of a Site tied to the web beacon. We use web beacons to operate and improve the Sites and e-mail communications. We may use information from web beacons in combination with other data we have about our clients to provide you with information about HEARTBRAIN MARKETING and our services. We will conduct this review on an anonymous basis.
When you visit our Sites, HEARTBRAIN MARKETING collects your Internet Protocol (“IP”) addresses to track and aggregate non-Personal Information. For example, HEARTBRAIN MARKETING uses IP addresses to monitor the regions from which users navigate the Sites. IP addresses will be stored in such a way so that you cannot be identified from the IP address.
DISCLOSURE OF INFORMATION TO OTHERS
Third parties to whom we disclose information are required by law and contractual undertakings to keep your Personal Information confidential and secure, and to use and disclose it for purposes that a reasonable person would consider appropriate in the circumstances, in compliance with all applicable legislation, which purposes are as follows:
To provide the products and services you have requested from us;
To notify you or allow our affiliated companies to notify you of certain products or services offered by our affiliated companies;
To process transactions through data processing service providers;
If the information is a credit card number, to process credit card payments—through third party payment processing, clearing and settlement systems in association with various banks; and
To affiliates and partners with whom we have joint marketing agreements.
If these third parties wish to use your Personal Information for any other purpose, they will have a legal obligation to notify you of this and, where required, to obtain your consent. Contact us on [e-mail address] for more information on these third parties.
In the normal course of performing services for our clients, Personal Information may be shared within HEARTBRAIN MARKETING and its affiliates for research and statistical purposes, system administration and crime prevention or detection. When you supply us with information containing third party Personal Information (names, addresses, or other information relating to living individuals), we will hold and use that Personal Information to perform general insurance and other services for you on the understanding that the individuals to whom the Personal Information relates have been informed of the reason(s) for obtaining the Personal Information, the fact that it may be disclosed to third parties such as HEARTBRAIN MARKETING, and have consented to such disclosure and use.
Because a number of the service providers we use are located in the United States, including certain HEARTBRAIN MARKETING affiliates, your Personal Information may be processed and stored inside the United States, and the U.S. government, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Personal Information under US laws.
HEARTBRAIN MARKETING’s service suppliers adhere to the same protections regarding the collection, use, and retention of data as we do.
As we continue to develop our business, we might sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if either HEARTBRAIN MARKETING itself or substantially all of HEARTBRAIN MARKETING assets were acquired, your Personal Information may be one of the transferred assets. Therefore, we may disclose and/or transfer your Personal Information to a third party purchaser in these circumstances
Other Legally Required Disclosures
HEARTBRAIN MARKETING preserves the right to disclose without your prior permission any Personal Information about you or your use of this Site if HEARTBRAIN MARKETING has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of HEARTBRAIN MARKETING, employees, other users of this Site, or the public; (b) enforce the terms and conditions that apply to use of this Site; (c) as required by a legally valid request from a competent governmental authority; or (d) respond to claims that any content violates the rights of third-parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request
Your knowledge of and consent to HEARTBRAIN MARKETING’s collection, use and disclosure of your Personal Information is critical. We rely on the following actions by you as indications of your consent to our existing and future Personal Information practices:
Your voluntary provision of Personal Information to us directly;
Your express consent or acknowledgement contained within a written, verbal or electronic application or claims process; and
Your verbal consent solicited by HEARTBRAIN MARKETING (or our agent) for a specified purpose.
Where HEARTBRAIN MARKETING relies on consent for the fair and lawful processing of Personal Information, the opportunity to consent will be provided when the Personal Information in question is collected. Your consent may be given through your authorized representative such as a legal guardian, agent or holder of a power of attorney.
Subject to certain legal or contractual restrictions and reasonable notice, you may withdraw this consent at any time. HEARTBRAIN MARKETING will inform you of the consequences of withdrawing your consent. In some cases, refusing to provide certain Personal Information or withdrawing consent for HEARTBRAIN MARKETING to collect, use or disclose your Personal Information could mean that we cannot obtain insurance coverage or other requested products, services or information for you.
If you wish to withdraw your consent please refer to the Questions or to Withdraw Consent section below.
However, there are a number of instances where HEARTBRAIN MARKETING does not require your consent to engage in the processing or disclosure of Personal Information. HEARTBRAIN MARKETING may not solicit your consent for the processing or transfer of Personal information for those purposes which have a statutory basis, such as:
The transfer or processing is necessary for the performance of a contract between you and HEARTBRAIN MARKETING (or one of its affiliates);
The transfer or processing is necessary for the performance of a contract, concluded in your interest, between HEARTBRAIN MARKETING (or one of its affiliates) and a third party;
The transfer or processing is necessary, or legally required, on important public interest grounds, for the establishment, exercise, or defense of legal claims, or to protect your vital interests; or
The transfer or processing is required by applicable law.
LIMITING COLLECTION AND RETENTION OF PERSONAL INFORMATION
HEARTBRAIN MARKETING will collect, use, or disclose Personal Information that is necessary for the Identified Purposes or as permitted by law. If we require Personal Information for any other purpose, you will be notified of the new purpose, and subject to your consent (where appropriate), that new purpose will become an Identified Purpose.
HEARTBRAIN MARKETING will collect Personal Information by fair and lawful means. We will normally retain Personal Information as long as necessary for the fulfillment of the Identified Purposes. However, some Personal Information may be retained for longer periods as required by law, contract, or auditing requirements.
We have in place physical, electronic and procedural safeguards appropriate to the sensitivity of the information we maintain. Safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Information. They include physical, technical, and managerial measures to keep Personal Information protected from unauthorized access. Among such safeguards are the encryption of communications via SSL, encryption of information while it is in storage, firewalls, access controls, separation of duties, and similar security protocols. However, due to the nature of the Internet and related technology, we cannot absolutely guarantee the security of Personal Information, and HEARTBRAIN MARKETING expressly disclaims any such obligation.
ACCURACY, ACCOUNTABILITY, OPENNESS AND CUSTOMER ACCESS
Our knowing about changes to some of your Personal Information (e.g. email address) may be key to effectively communicating with you at your request. If any of your details change you can update us by e-mailing us at admin@HEARTBRAIN.MARKETING. Please keep us informed of changes to your Personal Information.
You have the right to access your Personal Information and request rectification of any Personal Information in the file that may be obsolete, incomplete or incorrect. However, to secure your Personal Information, HEARTBRAIN MARKETING does not provide online access to its customers to view or amend Personal Information in its database.
QUESTIONS OR TO WITHDRAW CONSENT
You may exercise your right to withdraw your consent to applicable uses or disclosures of your Personal Information (which may limit or terminate the products and services that HEARTBRAIN MARKETING provides to you by writing or sending an email to us at the following address:
36 Salmon St. 3rd Floor
Manchester, NH 03104
We will need to validate the identity of anyone making such a request to ensure that we do not provide your information to anyone who does not have the right to such information.
Normally we will respond to access requests within 30 days.
You may submit any complaints regarding the handling of your personal information to the privacy officer at HEARTBRAIN MARKETING by writing or sending an email to us at the following address:
36 Salmon St. 3rd Floor
Manchester, NH 03104