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PRIVACY POLICY

Privacy Policy

Last Updated and Effective Date: 5/19/2022

YOUR PRIVACY IS IMPORTANT TO US

This privacy policy (“Privacy Policy”) describes the policies and practices of (sometimes referred to as “Heart Made of Gold,” “us,” “we,” or “our”) relating to the information we collect when This section of the Privacy Policy describes our policies and practices regarding the collection, use, and disclosure of personal information we collect about consumers, including personal information we obtain when you access or use this Site, or through other channels including but not limited to visiting one of our locations, phone and email conversations, attending our events, social media interactions on our websites and social media platforms, or through our authorized services providers. The creation of this Privacy Policy grows from our fundamental respect for your right to privacy and will serve to guide our relationship with you. We value the privacy and security of your “personal information,” which as used herein means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. As such, we take complying with data privacy and security laws very seriously.

The purpose of this Privacy Policy is to provide you with a description of our current personal information collection, use, and disclosure practices, which is also the same for the past 12 months. If you provided us with your personal information, or we obtain personal information about you from other sources, we treat your personal information according to this Privacy Policy.

HOW YOU ACCEPT THE TERMS AND UPDATES TO THE PRIVACY POLICY

BY ACCESSING OR USING THE SITE, YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSING OF YOUR INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. From time to time, we will update this Privacy Policy as we adopt new practices and procedures related to your personal information. Any changes to this Privacy Policy will be placed here and will supersede this version. If we make changes to this Privacy Policy, we will revise the “Last Updated and Effective Date” above and, in some cases, we may send you a notice of our changes as well if you have provided us your e-mail or mailing address.

THE PERSONAL INFORMATION ABOUT YOU AND THE REASON FOR THE COLLECTION

We collect the following personal information from you when you use our Services, and describe the reason why we collect the personal information.

Product Purchases: We collect some or all of the following information from our customers when they purchase our goods or products on our website, at our retail stores or through other means: name, postal address, date of birth, email address, order information, information disclosed in questionnaires, and payment information (e.g., credit card, Apple Pay, Google Pay, Pay Pal, Amazon Pay, After Pay, etc.). This information is collected so that we can process and ship the products or goods you purchased, address customer service issues, and for internal business functions.

Marketing: We may collect from you your name, postal address, email address, and phone number for marketing and sales purposes, including, to send advertisements, catalogs, for promotions, and for other sales communications.

Website: When you visit our website, we collect your Internet Protocol (“IP”) address, cookies, and information regarding your activities and interactions on our website. We collect this information to communicate the content on our website to you, to learn more about our website users and their preferences, to customize your experience on our website, and to tailor suggestions and advertisements.

Cookie and Tracking Information: A cookie is a text file stored locally on a User’s device by the User’s web browser, which enables the browser to remember passwords, orders, preferences, and other information when visiting a website. We use cookies and similar technologies such as pixel tags and web beacons that help us collect certain usage data about you (such as your preferences and to process shopping cart items) (“Usage Data”), which may become Personal Information due to direct association with you. The Services may also include cookies and other similar tracking technologies including those of third parties, which may collect information about you via the Services and across other sites and online services, including social media platforms. Our use of cookies and similar technologies such as pixel tags and web beacons is generally for operational purposes, website performance purposes, enhancing functionality of the Services and advertising. For more details about how we use these technologies, please see the section on “Service Providers” below. To adjust your tracking preferences in iOS, visit Settings > Privacy & Security > Tracking. To adjust your advertising preferences in Android, visit Settings > Google > Ads > Opt out of interest-based ads.

Customer Service: If you contact our customer service department via our telephone number, email addresses, website contact form, or through live chat, we may collect from you your name, phone number, postal address, email address, and any message or content you upload or communicate to us. We collect this information so that we can address and follow up with you regarding your customer service issues.

As described below, we may collect or have collected in the preceding 12 months the following categories of personal information (“PI” or “personal information”).  We may add to the categories of PI we collect and the purpose we use PI. In that case, we will inform you updating this section of the Privacy Policy.

PI does not include:

 

  1. Publicly available information from government records.
  2. Deidentified or aggregated consumer information.
  3. Information excluded from the CCPA’s scope, such as certain health or medical information, personal information collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act (Public Law 106-102), and implementing regulations, or the California Financial Information Privacy Act (Division 1.4 (commencing with Section 4050) of the Financial Code), and other categories of information protected by different laws.

 

We have collected your PI for the following business or commercial purposes.  We may change or add to the purposes we collect PI. In that case, we will inform you and obtain your consent when required by law.

 

  • To provide you with information, products, or services you request from us.
  • To fulfill or meet the reason for which the information is provided.
  • To contact you and/or provide you with email alerts and other notices concerning our products, services, events, or news that may be of interest to you.
  • To process payments.
  • To engage in marketing activities.
  • To communicate with you in social media concerning our products and services.
  • To carry out our obligations and enforce our rights including those arising from any contracts entered into with you including for billing, payment, and collections.
  • To review, improve, and monitor our website, applications, online services, and overall client experience, including to provide customization to meet the specific needs.
  • To provide customer service and engage in quality control activities concerning our products and services.
  • For testing, research, analysis and product and service development.
  • To respond to law enforcement requests and as required by applicable law, court order, governmental regulations, or other lawful processes.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To process applications for employment, as well as to evaluate and improve our recruiting efforts.
  • As necessary or appropriate to protect the rights, property, security, and safety of us, our employees, our consumers, our information systems, and the public.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
  • You. We may collect personal information that you provide to us over the Internet, through our website or mobile app, by email or when you speak with our professionals by phone or in a personal conference. We may also collect information when you attend an event, meet with us, or visit one of our locations.
  • Related Entities and Affiliates. We may collect information about you from our related parties and affiliates, including joint ventures.
  • Social media and related services.
  • Third Parties. We may collect information about you from other third-party sources that are lawfully entitled to provide your data with us. This might include, for example, third party service providers such as information services providers (e.g., data storage), logistics and delivery service providers, customer relationship management and related services providers.

 

WHETHER WE YOUR PERSONAL INFORMATION WITH OTHERS

We do not sell or share your personal information including sensitive personal information to third parties.

We may, however, disclose your personal information with services providers who help us provide the Services, such as, shipping, payment processing, marketing and advertising, email, text and other communications, applications, sales, business and inventory support, photography, and website, software, platform, cloud, data storage and other technical services.

We may also disclose your personal information if necessary to: (1) comply with federal, state, or local laws; (2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; (3) cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local laws; or (4) exercise or defend legal claims.

Lastly, we may transfer to a third party personal information as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of our business.

Of the categories of PI noted above, during the past 12 months, we disclosed the following:

 

Categories of Personal Information Disclosed

Categories of Third Parties to Whom Disclosed

Identifiers

 

Other elements

 

Characteristics of protected classifications under California or federal law.

 

Commercial information

 

Education information.

 

Internet or other electronic network activity.

 

Geolocation data. 

 

Audio, electronic, visual, thermal, olfactory, or similar information.

 

Professional or employment-related information

 

Consumer profile.

 

Sensitive Personal Information 

 

 

  • Third parties as directed by you. We will disclose your PI with those third parties to whom you direct.

 

  • Our business partners. For example, we might disclose your PI with one of our business partners for purposes of collaborating on providing services to you, or to invite you to an event we are organizing. These business partners should also have their own privacy statements that set out the manner in which they will collect, use, and disclose PI. Where applicable, we encourage you to review each such business partner's privacy statement before signing on with them.

 

  • Third parties who perform services on our behalf. For example, we disclose information with certain service providers, including marketing companies, professional service providers, debt collectors, information technology providers, and data storage companies. We might also authorize our service providers to collect PI on our behalf.

 

  • Governmental entities, legal service providers. We may disclose your PI in order to comply with the law and in the course of providing our products and services. We may also disclose information if a government agency or investigatory body submits a request.

 

  • Successors to all or portions of our business. If all or part of our business is sold, we may disclose PI in preparation for or as part of that transaction.

 

 

 RETENTION OF PERSONAL INFORMATION

CHILDREN

This website is not intended for or directed at children under the age of 13. In addition, we do not knowingly collect personal information from children under the age of 13.

DO NOT TRACK NOTICE

Our website currently does not support or respond to Do Not Track requests. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track through your web browser. You can find out more information about opting-out of interest-based advertising at: http://www.networkadvertising.org/choices.

LINKS TO THIRD PARTY WEBSITES

Some portions of our website may contain links to other websites on the Internet that are neither under our control nor maintained by us. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. You acknowledge that we are providing these links to you only as a convenience, and you agree that we are not responsible for the content of such websites. Your use of these other linked websites is subject to the respective terms of use and privacy policies located on the linked websites.

EMAIL AND SMS COMMUNICATION

We use third parties to improve our ability to identify visitors to our website. As part of this service, we may make available identifiers to these third parties including our visitors’ IP addresses, cookies, and hashed versions of email addresses captured from your visit. We, and third parties, use this data to obtain more information about our visitors and reach out to them through other channels, such as email and/or direct mail. You have the right to opt-out of this activity. To opt-out, please follow the instructions on our Terms page under the SMS Communication section.

SOCIAL MEDIA SHARING FEATURES

This website may offer social media sharing features or other integrated tools, which let you share actions you take on this website with other media, and vice versa. These features may collect information about your IP address and which page you are visiting on our website, and they may set a cookie or employ other tracking technologies. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. Social media sharing features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with those features are governed by the privacy policies of the companies that provide them. For more information about the purpose and scope of data collection and processing in connection with social media sharing features, please visit the privacy policies of the third parties that provide these features.

 

NOTICE TO CALIFORNIA RESIDENTS

Shine the Light. If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of the Company to third parties for the third parties’ direct marketing purposes. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we disclosed customer information for the immediately prior calendar year (e.g., requests made in 2022 will receive information regarding 2021 sharing activities). You may submit your request using the contact information at the end of this Policy.

Eraser Law. If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, You may submit your request using the contact information at the end of this Policy. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

California Consumer Privacy Act. The section concerning the California Consumer Privacy Act (“CCPA Section”) applies solely to individuals who are residents of the State of California (“consumers” or “you”) as required under the California Consumer Privacy Act, as amended (“CCPA”). This CCPA Section describes our policies and practices regarding the collection, use, and disclosure of personal information we collect about you, including personal information we obtain when you access or use the website, or through other channels including but not limited to visiting one of our locations, phone and email conversations, attending our events, social media interactions on our websites and other third party websites such as social media sites, viewing our emails, or through our authorized services providers.

This CCPA Section supplements and amends the information contained in the Privacy Policy with respect to California residents. Any terms defined within the CCPA have the same meaning when utilized within this CCPA Section. All other terms shall have the meaning set forth in the Privacy Policy or Terms of Use as applicable. The other provisions of the Privacy Policy continue to apply except as modified in this CCPA Section.

This CCPA Section does not apply to personal information we collect about you as a job applicant to, an employee of, owner of, director of, officer of, or contractor of the .  This CA Addendum also does not apply to personal information we collect about you as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, non-profit, or government agency when your communications or transactions with the Company occur solely within the context of the Company conducting due diligence regarding, or providing or receiving a product or service to or from, such company, partnership, sole proprietorship, non-profit, or government agency.

Please read this CCPA Section  carefully before using the site or submitting information to us.  By accessing or visiting the site, you indicate your understanding that the collection, use, and sharing of your information is subject to the terms of this CCPA Section. 

IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS CCPA SECTION, PLEASE DO NOT PROVIDE US WITH SUCH INFORMATION.

 

Right To Know About Personal Information Collected, Disclosed, or Sold

We generally describe in this Privacy Policy our current and past 12-month practices related to the categories of personal information we collect, how we collect and use the personal information, and how we disclose your personal information. In addition to what is described above, as a California resident, you also have the right to request more information regarding the following topics for the preceding 12 months, to the extent applicable:

  • The categories and specific pieces of personal information we have collected about you.
  • The categories of sources from which we have collected your personal information.
  • The business or commercial purpose why we collected or, if applicable, sold your personal information.
  • The categories of third parties with whom we disclosed your personal information.
  • The categories of personal information that we have shared with third parties about you for a business purpose.

You may submit a request for the information above by calling us Monday- Friday from 6am–5pm PST, emailing us, or using our contact form. Once you contact us through one of these channels, we will need to verify the request to process it.

Right To Request Deletion of Your Personal Information

You have the right to request that we delete the personal information we collected or maintained about you. Once we receive your request, we will let you know what, if any, personal information we can delete from our records, and we will direct any service providers and contractors with whom we disclosed your personal information to also delete your personal information from their records.

There may be circumstances where we cannot delete your personal information or direct service providers or contractors to delete your personal information from their records. Some of these instances include, but are not limited to, if we need to: (1) retain your personal information to complete a transaction or provide a good or service; (2) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; (3) debug to identify and repair errors that impair existing intended functionality; (4) exercise free speech or ensure the right of another consumer to exercise his or her right to free speech; (5) comply with the law; and (6) use your personal information for internal and lawful purposes.

  • Complete the transaction for which the PI was collected, provide a good or service requested by you, or reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform a contract between the Company and you.
  • Help to ensure security and integrity to the extent the use of the consumer's PI is reasonably necessary and proportionate for those purposes.
  • Debug to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
  • Engage in public or peer-reviewed scientific, historical, or statistical research that confirms or adheres to all other applicable ethics and privacy laws, when the Company's deletion of the information is likely to render impossible or seriously impair the ability to complete such research, if you have provided informed consent.
  • To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with the Company and compatible with the context in which the consumer provided the information.
  • Comply with a legal obligation.

You may submit a request to delete your personal information by calling us Monday-Friday from 8am–5pm PST, emailing us, or using our contact form. Once you contact us through one of these channels, we will need to verify the request to process it.

 

Right to Request Correction.

You have the right to request that the Company correct any inaccurate personal information we maintain about you, taking into account the nature of that information and purpose for processing it. Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, we will provide a response to such requests.

You have the right to direct that the Company limit the use of sensitive personal information we collect about you to (i) uses that an average consumer would expect are reasonably necessary to provide the goods and or services you have requested, (ii) perform certain other activities permitted under the CCPA, and (iii) what is permitted by applicable law. Your right to direct the Company under this paragraph applies only to sensitive personal information that we collect or processed for the purpose of inferring characteristics about you.

Right to Non-Discrimination for the Exercise of Your Privacy Rights

We will not discriminate against you for exercising any of your rights under the CCPA, as described above. This includes, but is not limited to: (A) denying good or services to you; (B) charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (C) providing a different level or quality of goods or services; or (D) suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

How to submit. To submit a California Consumer Rights request as outlined in this CA Addendum, please contact the Company by calling us Monday-Friday from 6am–5pm PST, emailing us, or using our contact form. We reserve the right to only respond to verifiable consumer requests.  A verifiable consumer request is one made by any individual who is:

  • The consumer who is the subject of the request,
  • A consumer on behalf of the consumer’s minor child, or
  • By a natural person or person registered with the Secretary of State authorized to act on behalf of a consumer.

What to submit. If we request, you must provide us with sufficient information to verify your identity and/or authority to act on behalf of a consumer. In general, we may ask you to provide identifying information that we already maintain about you or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive PI to verify your identity. We may not be able to respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you.  However, making a verifiable consumer request does not require you to create an account with us.

Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond.  We will not use the PI we collect from an individual to determine a verifiable request for any other purpose, except as required by law.

Our response. We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of receipt, but we may require an extension of up to forty-five (45) additional calendar days to respond and we will notify you of the need for the extension.

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 receipt of your verifiable consumer request. With respect to personal information collected on and after January 1, 2022, and to the extent expressly permitted by applicable regulation, you may request that such disclosures cover a period beyond the 12 months referenced above, provided doing so would not require a disproportionate effort by us. The response we provide will also explain the reasons we cannot comply with a request, if applicable. To the extent permitted by the CCPA, we will respond to no more than two requests during any 12-month period.

Authorized Agent

You may authorize a natural person, or a business registered with the California Secretary of State to act on your behalf with respect to the right under this CA Addendum. When you submit a Request to Know or a Request to Delete, unless you have provided the authorized agent with a qualifying power of attorney, you must provide your authorized agent written permission (signed by you) to act on your behalf and verify the authorized agent’s identity with us. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization. 

COOKIES

We use cookies on this website. Cookies are small text files that a website or its service provider transfers to your computer or other devices. They are widely used to make websites work or improve the efficiency of a website. Cookies help with website functionality and user experience because websites can read and write to these text files, enabling this website to recognize you, maintain your account login information between visits, and remember important information that will make your use of this website more convenient.

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance. 

CALIFORNIA PRIVACY RIGHTS

California residents, see our California Privacy Notice for more information about certain legal rights.

US Laws Compliance

https://heartmadeofgold.com/pages/us-laws-compliance

CONTACT US

For questions regarding our Privacy Policy, please contact our customer care via email at contact@heartmadeofgold.com, available 9 am– 5 pm PST, Monday-Friday.

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