Personal Data – any information relating to an identified or identifiable natural person; for California consumers, Personal Data is “Personal Information” as defined below.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) – Digital Heart Media Inc.
Identifiers – real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
Commercial information – including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories of tendencies
Internet or other electronic network activity information – including but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
Audio, electronic, visual, thermal, olfactory, or similar information.
Professional or employment-related information.
Inferences drawn from any of the information identified in this definition of Personal Information, to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal Information does not include publicly available information lawfully made available from government records or information that is deidentified or aggregated.
Data Protection Principles
We promise to follow the following data protection principles:
Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
Processing is limited with a time period. We will not store your personal data for longer than needed.
We will do our best to ensure the accuracy of data.
We will do our best to ensure the integrity and confidentiality of data.
Data Subject’s rights
The Data Subject has the following rights:
Right to information – meaning you have to the right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
Right to withdraw consent – you have the right to withdraw any given consent for Processing of your Personal Data.
Data we gather
Information you have provided to us
Digital Heart Media may obtain the following types of information from you or concerning your computer or device (“Information”), which may include information that can be used to identify you as specified below (“Personally Identifiable Information”):
Telephone (or mobile) number(s)
Blog or website URL
Social networking handle or username
Demographic information (e.g., age, gender, interests, and preferences)
Activities or content viewed on Digital Heart Media
Information collected automatically (detailed below )
Information received from Third Parties (detailed below )
In certain cases, we may request that you provide some of the Information identified above in order to obtain specific products or services (such as registering for the Advanced Marketing Program or logging in to download reports). If you choose not to provide the Information we request, you may still use DigtalHeartMedia.com, but you may be unable to access certain features or services.
When you register to receive any products or services from Digital Heart Media or provide information to Digital Heart Media in any other manner, you agree to provide only true, accurate, current, and complete information.
Information automatically collected about you
Digital Heart Media may automatically receive and log certain types of information when you visit or interact with our websites, services, mobile applications or other products, including:
Operating system information
Mobile device information (e.g., device identifier, mobile operating system, etc.)
Internet service provider
Time of visit
Referring site, application, or service
These tools use ‘cookies’, which are text files placed on your computer, to collect standard internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the website (including your IP address) is transmitted to Google and sometimes other vendors. This information is then used to evaluate visitors’ use of the website and to compile statistical reports on website activity.
We will never (and will not allow any third party) use the statistical analytics tool to track or to collect any personally identifiable information of visitors to our site. The Web Analytics vendors do not associate your IP address with any other data held by them. Neither we nor the web analytics Vendors will link, or seek to link, an IP address with the identity of a computer user. We will not associate any data gathered with any personally identifying information from any source unless you explicitly provide consent, on the understanding that this may restrict your use of the Services.
You have the ability to accept or decline cookies by modifying the settings on your browser.
Information collected if you provide your website and expressly consent
Keywords your site ranks for
Click volume from mobile versus desktop traffic
Information from our partners
If you choose to use any third-party website or service that is integrated with Digital Heart Media, including a third-party social networking, reporting or blogging site, such as LinkedIn, Facebook, Twitter, Google Analytics, Hotjar, or WordPress (“Third-Party Websites”) – or if you use any Digital Heart Media application provided through any Third-Party Website – we may receive Information, including Personally Identifying Information, from such Third-Party Websites, including, but not limited to:
Nickname or username
Photo or graphic avatar
Unique Third-Party Website identifier (e.g., Facebook User ID)
Biographical or demographic information (e.g. professional title, gender, college attended, etc.)
Likes and interests
Any information that is publicly available on Third-Party Websites
For example, Digital Heart Media may offer the ability to use certain Third-Party Websites to facilitate your registration on Digital Heart Media. We may also use information about your profile and connections on Third-Party Websites to allow you to share or connect with your friends and contacts on Digital Heart Media or to personalize your experience. In addition, Digital Heart Media offers “plugins” and “widgets” from various Third-Party Websites that allow you to share Digital Heart Media content off of our service.
Your decision to use, or share with, a Third-Party Website when accessing or using Digital Heart Media products and services is completely voluntary. Digital Heart Media is not responsible for compliance with the policies or practices of any Third-Party Website. You should ensure that you are comfortable with the information such Third-Party Websites may make available to Digital Heart Media by reviewing those Websites’ privacy policies and service terms, and by modifying your privacy settings and preferences on those Services.
Publicly available information
We might gather information about you that is publicly available.
Transfer of personal data abroad
If you utilize the Services from a country other than the country where the Digital Heart Media servers are located, your communications with Digital Heart Media may result in transferring your personal data across international borders. Also, when you call Digital Heart Media, we may provide you with support from our locations which may be outside of your country of origin. In these cases, your personal data is handled according to this Policy.
How we use your Personal Data
We use your Personal Data to:
Provide Digital Heart Media products and services
Fulfill your requests
Communicate with you
Improve our products and services
Develop new services or products
Personalize and tailor your experience on Digital Heart Media
Operate our business
Understand how users are engaging with Digital Heart Media
Protect Digital Heart Media, our users, or others. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm Digital Heart Media, our users, or others.
We use your Personal Data on legitimate grounds and with your consent.
On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:
To identify you for communication purposes
To provide you a service or to send/offer you a product
To communicate either for sales or invoicing
On the ground of legitimate interest, we Process your Personal Data for the following purposes:
To send you personalized offers (from us and/or our carefully selected partners);
To administer and analyze our client base (purchasing behavior and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
To conduct questionnaires concerning client satisfaction
As long as you have not informed us otherwise, we consider offering you products/services that are similar or same to your purchasing history/browsing behavior to be our legitimate interest.
With your consent we Process your Personal Data for the following purposes:
To send you newsletters and campaign offers (from us and/or our carefully selected partners);
To build a database of relevant search information to improve the quality, variety, and availability of our products and services;
For other purposes we have asked your consent for
We Process your Personal Data to fulfill obligations arising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymize Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymized. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law.
We might process your Personal Data for additional purposes that are not mentioned here but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:
The link between purposes, context and nature of Personal Data is suitable for further Processing;
The further Processing would not harm your interests; and
There would be appropriate safeguard for Processing.
We will inform you of any further Processing and purposes.
Who else can access your Personal Data
We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:
Our processing partners:
Amazon Web Services
Connected Third Parties:
We only work with Processing partners who are able to ensure an adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it including for business or commercial purposes. At times, we may not be available to provide marketing services for you so we have established relationships with companies who may be able to better serve your marketing needs.
Some of our products will ask you to identify with either Google or Facebook so we can retrieve information on your behalf. We will not look at your individual data. We do reserve the right to aggregate usage data to measure the performance of our applications, but no identifiable personal information will ever be disclosed to third parties.
You should be aware that other Internet sites that are linked from the Digital Heart Media websites or from Digital Heart Media e-mail messages may contain privacy provisions that differ from the provisions of this Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.
How we secure your data
We do our best to keep your Personal Data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymizing and pseudonymizing where suitable. We monitor our systems for possible vulnerabilities and attacks. Stored data is encrypted when possible.
Even though we try our best we cannot guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.
If you have an account with us, note that you have to keep your username and password secret.
We recognize the particular importance of protecting privacy where children are involved. We do not intend to collect, knowingly collect, sell, or solicit Personal Information from anyone under the age of 16. We do not target children with our services. If you are under 16, do not use or provide any information on the Website or through any of its features. If you believe that a child under the age of 16 may have provided us Personal Data online, we ask that a parent or guardian contact us.
Cookies and other technologies we use
A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.
Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalized features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
Analytics cookies – these cookies are used to track the use and performance of our website and services
Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organizations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organization.
Here are the cookies we use:
Google Analytics – persistent cookie – 2-year duration – we use Google Analytics to improve the user experience on the website (you can opt out here)
Crazy Egg – third party cookie – 6-month duration – we use Crazy Egg to improve the user experience on the website
Redirection cookie – persistent cookie – 1-year duration – we redirect you to the language that is best suited from the country you are visiting from
Popup cookie – persistent cookie – 1-year duration – we offer you the chance to be notified of new content and marketing materials
Subscribers.com – persistent cookie – 10 year duration – you have to opt in through your browser to receive anything through subscribers and you can opt out through your browser settings.
YouTube – persistent cookie – 30-day duration – we embed YouTube videos onto our site to provide you with additional educational material.
You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.
Our “Do Not Track” Policy
California and Delaware law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there isn’t an industry or legal standard for recognizing or honoring browser DNT signals, we don’t monitor or respond to them at this time.
Individual Arbitration as Sole Remedy for Dispute Resolution
Negotiation in Advance of Arbitration
Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
Requirements for Modification or Revocation This agreement to arbitrate shall survive the termination of Digital Heart Media’s relationship with you. It can only be revoked or modified by a writing executed by Digital Heart Media and you that specifically states an intent to revoke or modify this agreement to arbitrate.
Claims Covered by Arbitration Clause
Digital Heart Media and you mutually consent to the resolution by final and binding arbitration of all claims or controversies (collectively, the “Claims”) that Digital Heart Media may have against you or you may have against Digital Heart Media or against its past, present, or future predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, and their respective past, present, or future officers, directors, employees, stockholders, representatives, managers, members, partners, agents, advisors, insurers, and indemnities (collectively referred to as the “Digital Heart Media Parties”), relating to, resulting from, or in any way arising out of your relationship with Digital Heart Media. The Claims include, but are not limited to claims for penalties, fines, claims for breach of any contract (express or implied); tort claims (including, but not limited to, those relating to reputation); claims for violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; and claims for violation of any public policy, federal, state, international, or other governmental law, statute, regulation, or ordinance.
Required Notice of Claims and Statute of Limitations
Digital Heart Media may initiate arbitration by serving or mailing a written notice to you at the last known address. you may initiate arbitration by serving or mailing a written notice to Digital Heart Media. The written notice must specify with reasonable particularity the claims asserted against the other party. Notice of any claim sought to be arbitrated must be served within the limitations period established by applicable federal or state law. After demand for arbitration has been made by serving written notice, the party demanding arbitration shall file a demand for arbitration with the Office of Judicial Arbitration and Mediation Service (“JAMS”) located in New York, NY.
The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
In any arbitration arising out of or related to this Agreement:
Any party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost-effective. The other side shall have a brief period within which to respond.
Based on the letters, the arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion.
If the arbitrator decides to go forward with the motion, he/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion.
Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.
In any arbitration arising out of or related to this Agreement, requests for documents:
Shall be limited to documents which are directly relevant to significant issues in the case or to the case’s outcome;
Shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and
Shall not include broad phraseology such as “all documents directly or indirectly related to.”
In any arbitration arising out of or related to this Agreement:
There shall be production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes or other media.
Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format which is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.
The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute.
Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
Interrogatories and Requests to Admit. In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.
Governing Law and Arbitrator Authority
The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
The arbitrator’s decision shall be final and binding and shall not be subject to appeal. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. Any decision or award made by the arbitrator shall be enforceable by a court of competent jurisdiction. The parties irrevocably stipulate to the confidential nature of the arbitral award and proceedings and further stipulate that the award and any papers of the proceedings shall only be filed with a court of competent jurisdiction under confidential seal and only to enforce an arbitral award or decision.
Application for Emergency Injunctive and/or Other Equitable Relief. JAMS Comprehensive Rules shall apply for the appointment of an Emergency Arbitrator to address and decide a request for emergency relief.
WAIVER OF REPRESENTATIVE/CLASS ACTION PROCEEDINGS
WAIVER OF JURY TRIAL/EXCLUSIVE REMEDY
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION REWARD IS LIMITED. BY AGREEING TO ARBITRATION, DIGITAL HEART MEDIA AND YOU ARE AGREEING TO WAIVE ANY CONSTITUTIONAL RIGHT TO A JURY OR COURT TRIAL OF COVERED CLAIMS.
Arbitration Fees and Costs
Each party shall advance its own costs and expenses in any such arbitration and one-half (1/2) of the arbitrator’s fees and costs, however, the arbitrator shall award attorneys’ fees and costs to Digital Heart Media if Digital Heart Media is the prevailing party. Any decision or award of such arbitration proceeding shall be confidential and may be made public only with the prior written consent of both you and Digital Heart Media.
Severability (Arbitration Clause)
Digital Heart Media and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Arbitration Clause.