“Personal Data” is information relating to an identified or identifiable natural person.
1. Categories of Personal Data we process include
1.1 Personal Data generated when you create an account with us:
If you consent to receiving marketing information from us, we will also process your email address for the purpose of sending you marketing information about our Services. Our legal basis for processing your email address for this purpose is your consent. You may withdraw your consent at any time by changing your preferences in your account or through the unsubscribe link at the bottom of our marketing emails. Our marketing emails are sometimes based on the preferences you provide in your account, the locale indicated by your Internet Protocol (IP) address, the types of our products you have added to your account, and any subscriptions included in your account. We process this data for the purpose of reducing the number of marketing emails sent to each customer by selecting which customers receive a particular marketing email rather than sending all marketing email to every customer who consented to receiving marketing emails. Additionally, we process your email address to associate it with your account when you interact with our customer support representatives so that we can provide you with quality customer support.
1.2 Personal Data that is processed when you sync our products:
When you sync our products with your device (phone, laptop, computers, tablets, and any other device), we log data about the transmission, such as the IP address used when syncing, geographic location of the device, information about your device, information about the network used to sync (e.g., Wi-Fi or cellular), the sync time and date, crash/diagnostic logs, and device battery level. We process this information to help identify and resolve errors or syncing issues and provide quality product support.
1.3 Personal Data that is processed when you communicate with us:
When you interact with our customer support representatives online or in person or via email or telephone, we collect your Personal Data, including your name, mailing address, phone number, email address, contact preferences, and information about our products that you own, such as their serial numbers, description and date of purchase. Additionally, we may create event logs that will be used to diagnose product or Service performance-related issues, and capture information relating to support or Service issues. Subject to applicable law, we may also record and review your conversations with customer support representatives, and analyze any feedback we receive through voluntary customer surveys for the purpose of improving customer service. With your consent, our customer support representatives may sign in to your account, if appropriate, to help troubleshoot and resolve your issue.
We use this information to provide you with quality product and customer support, monitor the types and quality of product and customer support we provide to our customers and facilitate any repairs, exchanges or returns. We do this in order to provide you with quality product support. Our legal basis for signing in to your account, if appropriate, to help troubleshoot and resolve your issue is consent, which you may withdraw.
1.4 Personal Data that is processed when you use the auto navigation system on our products or in our Service:
If you use our auto navigation system and provide your consent, then we will collect and upload from your device data such as location, speed, direction, and time and date of recording. If you provide your consent when asked, then we may also share this aggregated data with or sell this data to third parties to enhance the quality of the traffic, parking and other features enabled by content providers. We aggregate the data collected from you with data from other consenting users and use the aggregated data to enhance the quality of our products and Service and all features enabled by us or third parties. The legal basis for processing this data for this purpose is your consent, which you may withdraw at any time within the settings of our Service.
1.5 Personal Data that is processed when you purchase a product or service on our Site or the Service or through customer support:
We collect your name, mailing address and telephone number in order to process your order and fulfill your purchase. We use this for the purpose of the performance of a contract when we accept your order. We may also process your Personal Data as part of our fraud detection processes in order to protect us and our customers from acts of or attempts to engage in fraudulent transactions.
1.6 Personal Data that is processed when you purchase a product in a store:
We may collect your name, telephone number, address or other contact information in order to generate an invoice in our systems for tax reporting purposes or upon your request. We process your information to generate an invoice for tax reporting purposes to fulfil our legal obligation while we process your information to generate an invoice at your request in order to fulfil our contractual obligation.
1.7 Personal Data that is processed when you use location features on our product:
If you elect to use location-based services, such as weather, traffic information, etc., on our products, then the physical location of your device will be collected, in order for us or our third-party service providers to provide you with such location-based services. We process this information in order to fulfil our contractual obligation.
2. Categories of Recipients of Personal Data
2.1 Our other users or third-party individuals:
Real time communication is a feature available on some of our products that enables you to communicate with other users of our products, alternatively you may be able to send a send a link to people of your choice that allows them to see your real-time location. Because anyone with access to the link will be able to see your real-time location, and any one you communicate with will have access to the information you provide, you should use caution in determining to whom you want to send the link or share information to and be sure that you trust them to not send the link or information to others whom you do not want to be able to access your Personal Data.
2.2 Other service providers:
We use cloud services from third parties such as Adobe and Emarsys to assist in sending emails. Those services track the activities associated with these emails, such as whether they were opened, whether links in the emails were clicked on, and whether purchases were made following clicks on those links. The data tracked is analyzed in order to determine the level of engagement with our emails. We also use a third-party service provider, Erply, to provide point-of-sale services for in-store/online purchases. Additionally, we use third-party service providers to deliver our products to customers and to help us better understand usage of our Services and Site.
2.3 Other disclosures:
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO ERRORS IN TRANSMISSION, UNAUTHORIZED THIRD-PARTY ACCESS, OR OTHER CAUSES BEYOND OUR CONTROL.
3. Transfers of Personal Data
We are a global business. As a result, to offer our products, and Services, we may need to transfer your Personal Data to other companies in other countries. When you create an account, add Personal Data in your account profile, or upload data to your account, your Personal Data will be collected and stored on Hrtbeat Audio, Inc’s servers in the U.S. Personal Data regarding individuals who reside in a country in the European Economic Area (“EEA”), the United Kingdom (“U.K.”) or Switzerland is controlled by Hrtbeat Audio, Inc and processed by Hrtbeat Audio, Inc.
Hrtbeat Audio, Inc. comply with the EU-U.S. and Swiss-U.S. Privacy Shield principles regarding the collection, use, sharing and retention of personal Data from the EEA, U.K. and Switzerland, as described in our EU-U.S. Privacy Shield certification and Swiss-U.S. Privacy Shield certification. To learn more about the privacy Shield, please visit the Privacy Shield Page.
Hrtbeat Audio, Inc. is subject to the oversight of the U.S. Federal Trade Commission and is responsible for Personal Data transferred to third parties that process it on our behalf. If you have any complaint about our Privacy Shield compliance, please contact us at [EMAIL]. Additionally, you can also refer a complaint to our selected independent dispute resolution body, JAMS, and in certain circumstances, invoke the Privacy Shield arbitration process.
4. Cookies and Similar Technologies
We may also engage one or more third-party service providers to provide online advertisements on our behalf. These third-party service providers may use a pixel tag or other similar technology to collect information about your visits to sites, may use that information collected to send you targeted advertisements. For more information regarding this practice and to opt-out of such collection and use of this information by our third-party service providers, please see Networkadvertising.org. Do note that, if you do not want information collected through the use of these technologies, there is a simple procedure in most browsers that allows you to automatically decline many of these technologies, or to be given the choice of declining or accepting them.
4.2 Our Services:
We also collect data from users about their usage of our Services. The types of analytical information that are collected include the date and time our app accesses our servers, the app version, language setting, the location of your device, device state information, device model, what information and files have been downloaded to the app, user behavior (e.g., features used, frequency of use), hardware and operating system information, and information relating to how the app functions. We use this data to improve the quality and functionality of our Services; to develop and market products and features that best serve your needs and that of our other users; and to help identify and fix stability issues affecting the Services and other usability problems as quickly as possible.
We process this analytical information as a result of our legitimate interest in understanding how our customers interact with our products, Services and Site, so we can enhance our users’ experience and the functionality of our products, Services and Site.
Below are a few examples of third-party providers of analytics and similar services we currently use:
4.3 Analytics Services
- Google: Google Analytics is used to track site statistics and user demographics, interests and behavior on websites. We also use Google Search Console to help understand how our website visitors find our website and to improve our search engine optimization. Find out more information about how this analytics information may be used, how to control the use of your information, and how to opt-out of having your data used by Google Analytics.
- Azure Application Insights: Azure Application Insights is used to help us better understand usage of our Service to improve user experience. Azure Application Insights is a Microsoft service.
- HockeyApp; Crashlytics (Fabric); Firebase: HockeyApp, which is a Microsoft service, and Crashlytics and Firebase, which are Google services, are used to help us better understand usage of our Services to improve user experience and to identify and resolve the root causes of app crashes.
- Flurry; Umeng; Amplitude: Flurry, which is a Yahoo service, Umeng, and Amplitude are used to help us better understand usage of our Services to improve user experience.
4.4 Tag Management:
We use Tealium IQ Tag Management (Tealium) to help manage the various analytics services and cookie and pixel tag technologies we use to measure website usage. To provide such services, Tealium receives basic server log information from users of our Sites (e.g., IP address, browser and operating system information).
4.5 Application Performance Monitoring:
Additionally, we use AppDynamics to analyze and monitor the performance of our Services’ ecosystem. To provide such services, AppDynamics receives basic request information, including IP address, necessary to detect and diagnose anomalous errors and response times.
4.6 Social Networks:
Our Service does not address anyone under the age of 13 in the U.S. and under the age of 16 in the rest of the world (“Child” or “Children”). We do not knowingly collect the Personal Data of Children. By using our Site and Services you agree that you are not a Child. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we learn that we have collected Personal Data from a Child, we will take steps to delete the information as soon as possible.
7. Retention of Personal Data
We will retain your Personal Data as long as your account is considered to be active. In addition, see below under “Your Rights” for a description of your right of erasure.
8. Data Controller and Data Protection Officer
Whether you reside in a country in or outside of the EEA, U.K. or Switzerland, your Personal Data collected by us is controlled by Hrtbeat Audio, Inc, which is located at the [Address ]. The company's Data Protection Officer is located at the same address and can be reached by email at email@example.com
9. Your Rights
If you reside in the European Union or U.K., you have the right under the General Data Protection Regulation (GDPR) or U.K. Data Protection Act 2018 to request from us access to and rectification or erasure of your Personal Data, data portability, restriction of processing of your Personal Data, the right to object to processing of your Personal Data, and the right to lodge a complaint with a supervisory authority. For more information about these rights, please visit the European Commission’s “My Rights” page relating to GDPR, which can be displayed in a number of languages. If you reside outside of the European Union and U.K., you may have similar rights under your local laws.
To request access to or rectification, portability or erasure of your Personal Data, or to delete your account, visit [Link] or send email to firstname.lastname@example.org.
If you live in the European Union or U.K. and you wish to exercise your right to restriction of processing or your right to object to processing, contact the company's Data Protection Officer at [Address] or by email at email@example.com. If you do not live in the European Union or U.K. but you believe you have a right to restriction of processing or a right to object to processing under your local laws, please contact the Hrtbeat Audio, Inc at firstname.lastname@example.org.
All trademarks are the property of their respective owners.