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PLEASE READ THIS PRIVACY POLICY CAREFULLY, AS YOU MUST AGREE TO IT BEFORE USING SITE. YOU CAN ONLY LEGALLY ACCESS AND USE SITE BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY PORTION OF THIS PRIVACY POLICY, YOU SHOULD CLICK ON THE “I DECLINE” BUTTON AT THE END OF IT.
Last Updated, Effective Date: March 21, 2024
This Privacy Policy ("Privacy Policy") explains how HERA CREATIVES LLC (“HERA CREATIVES”, “we”, “us”,or“our”) uses personal information (individually and collectively, in whole and in part, "Personal Information"), and applies to all individuals and entities (individually, “Person” and collectively, “Persons”) who: (i) visit our website at www.heracreatives.com or any mobile application or version of it on or after the Effective Date, or Last Updated date, as applicable, above; (ii) open an account with us (“Account”); (iii) purchase or use any products on or thorough our website (individually and collectively, “Products”); (iv) use any services or anything else available from time to time on or through Site; (v) and/or visit and access our free content, interact with us, any HERA CREATIVES online channel, and/or other applications or websites to which Site is linked, including without limitation to, social media sites, and our pages on social media sites (individually and collectively, “Services”) (This website, and any of our other websites, phone or mobile versions or applications thereof, and all outlets, channels, content, and social media available on or through website, are individually and collectively, in whole and in part, referred to for convenience as, “Site”). Our Products and Services are sometimes now individually and collectively referred to for convenience as, “Goods”. The Persons that avail themselves of our Goods are sometimes now individually and collectively referred to for convenience as “Users”, “you”, or “your”. Capitalized words and terms in this Privacy Policy have the meanings explained in conjunction with them.
We created this Privacy Policy to demonstrate our commitment to fair information practices and the protection of privacy, and to provide you with information regarding the collection and use of your information on Site, so that you can make an informed decision about your use of, and interaction with, Site.
Your use of Site is at all times subject to our Terms of Service
Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us online at www.heracreatives.com. You can reach us via postal mail at the following address:
HERA CREATIVES
Attention: Privacy Office
520 S GRAND SUITE 695 LOS ANGELES CA 90071
Our Privacy Policy is organized as follows:
1. Types of Personal Information We Collect
2. How HERA CREATIVES Collects Personal Information
3. How HERA CREATIVES Uses Personal Information
4. When and Why HERA CREATIVES Discloses Personal Information
5. Cookies and Related Technologies
6. Your Choices
7. Accessing and Correcting Your Personal and Other Information;Opting Out
8. Security of Personal Information
9. Privacy Practices of Third Parties
10. Communities
11. Changes to this Privacy Policy
12. California Online Privacy Protection Act (“CalOPPA”); Do Not Track
13. Permitted
14. Important Information for Non-U.S. Residents
1. Types of Personal Information We Collect. “Personal Information” is information that can be used to identify, locate, or contact you. It also includes other information that may be associated with Personal Information. We collect the following types of Personal Information:
1.1 “Contact/Identity Information” shall mean information that allows us to identify and communicate with Users. The Contact/Identity Information we collect, includes without limitation to, a User’s name, physical address, telephone number(s), Site password, email, social media identity, and other contact information at which that User may receive communications from or on behalf of HERA CREATIVES;
1.2 “Interests and Interaction Information” shall mean information that helps us to understand who Users are, and what types of Goods and offers they might like. This may, include without limitation to, areas of interest, information collected from social media interactions, and information about Persons who have referred Users to Site, or who they have referred to Site;
1.3 “Transaction Information” shall mean information about how you interact with HERA CREATIVES. This may, include without limitation to, transactions related to Goods available on or through Site. how you interact with other Persons on or through Site which may, include without limitation to, our business partners and service providers;
1.4 “Financial Account Information” shall mean information as needed to process payments for Goods available on or through Site, such as your credit or debit card number, expiration date, billing address, and card verification number;
1.5 “Geo-Location and Location Based Services Information” shall mean information that we may collect location-based information in order to provide any specific location-based Goods which you request. You understand and acknowledge that certain location-based services require a location to function properly. Your use of our application to access Site on your mobile device with such features enabled signifies your agreement to use your location for the purposes of Site. If and when we decide to use GPS or other location tools to identify your precise location, we will ask you if you want to opt-in before we do; and
1.6 “other information” shall mean any additional information when you visit or leave Site (including our plugins, cookies or similar technology on Site and the sites of others), we usually receive the URL of both the site you came from and the one you go to next. We may also get information about your internet protocol (“IP”) address, proxy server, operating system, web browser and add-ons, device identifiers and features, internet service provider (“ISP”) and/or your mobile carrier. If you use Site from a mobile device, that device will likely send us data about your location based on your phone settings.
2. How HERA CREATIVES Collect Personal Information.
2.1 We may ask you for Personal Information. This may, include without limitation to, Contact/Identity Information, Interests and Interaction Information, and Financial Account Information, when you visit Site, contact us, purchase Goods on or through our Site, or otherwise interact with Site.
2.2 We collect Transaction Information when you use our Site. For example, we may track Goods you view or purchase, when you post to Site, with whom you interact on and through Site, and the comments you make to and interactions you have via Communities (defined and discussed in Section 10 below). We use cookies and related technologies to collect information about the devices you use to access and interact with Site, and our business partners’ websites. You can read more about cookies and other technologies in the Cookies and Related Technologies section, which is Section 5 below.
2.3 We also collect Transaction Information if you contact us, from your social media interactions and other methods of communication. This includes without limitation to, customer support purposes.
2.4 The Communities, and other methods of communication you use to interact with us or Site, may have their own specific privacy statements or policies that govern the use of Personal Information related to them. You should find and CAREFULLY READ those privacy statements and policies, as OUR PRIVACY POLICY DOES NOT APPLY TO THEM.
2.5 We may receive additional Personal Information from third parties. This may include without limitation to, Google, Amazon, and/or others. We may use this Personal Information to enhance other information we have about you to help us better understand you, and to otherwise enhance Site, and/or Goods.
3. How HERA CREATIVES Uses Personal Information. HERA CREATIVES uses Personal Information to:
3.1 Operate and improve Site;
3.2 Provide you with offers for Goods from participating merchants, including without limitation to, offers based on things such as your stated and anticipated interests, personal characteristics or location;
3.3 Facilitate and process orders for Goods. including without limitation to, their purchase and shipping;
3.4 Evaluate your applicability for certain Goods;
3.5 Evaluate the types of offers and Goods that may be of interest to you;
3.6 Track your purchasing habits of Goods, and perform other analytics;
3.7 Manage and develop our business and operations;
3.8 Provide customer support. This may include without limitation to, our merchants or business partners;
3.9 Communicate and provide additional information that may be of interest to you about HERA CREATIVES and our merchants and business partners. These can include without limitation to, newsletters, special offers, curated content, and announcements;
3.10 Send you reminders, technical notices, updates, security alerts and support, administrative messages, service bulletins, and marketing information;
3.11 Provide advertisements to you through Site, emails, text messages, applications, and other methods of communication;
3.12 Administer surveys and promotional activities or events sponsored by us or our partners;
3.13 Add to our contact database; and
3.14 Manage our everyday business needs, such as Site administration, forum management, fulfillment, analytics, fraud prevention, enforcement of our corporate reporting obligations, our Terms of Use, or to comply with the law.
4. When and Why HERA CREATIVES Discloses Personal Information. We will not disclose your Personal Information to third parties except to:
4.1 Affiliated companies (such as our subsidiaries and other companies owned by or controlled by HERA CREATIVES) who may only use the Personal Information for the purposes described in Section 3 above;
4.2 Third-party merchants, to the extent you have participated in an activity sponsored or offered through HERA CREATIVES on behalf of that merchant. We may also provide merchants with Personal Information to combat fraud and as part of legal proceedings affecting HERA CREATIVES and that merchant;
4.3 Our third-party service providers that provide services for us such as shipping Goods, sending emails on our behalf, maintaining our data on their servers and databases, and processing payments. Our service providers are bound by law or contract to protect the Personal Information and are only allowed to use the Personal Information in accordance with the terms of our service agreements with them. If you would like more information on how to remove yourself from the tracking and reporting functions performed for or by Site or by our third-party service providers, please visit the HERA CREATIVES Opt-Out Page at www.heracreatives.com and follow the relevant instructions;
4.4 Third-party services providers whom we may rely on to conduct or assist us to conduct surveys and promotional activities. In some instances, navigation to their website or application may be seamless, so it may appear that you are still on Site. Accordingly, please take note of who’s running or helping with the event in question, and what terms, conditions, and policies apply;
4.5 Our business partners or advertisers, as part of an offer or other activity that is provided by or in conjunction with us and/or our business partners, and in which you have elected to participate. By way of non-exclusive example, if you are referred to HERA CREATIVES from a business partner's website or through an invitation facilitated by or in conjunction with a HERA CREATIVES business partner, we may provide that business partner with Contact Information and Transactional Information to validate the referral and to support the terms of the relationship between us and that business partner. This, in turn, may allow that business partner to contact you directly and/or to advertise to you;
4.6 Assist or effectuate a merger, acquisition, or to support the sale or transfer of business assets. Please note that in order to accommodate changes in our business, we may assign, transfer, or sell the information we collect to a third-party in the event we are acquired by or merged with that third-party entity, or due to any applicable bankruptcy or reorganization. In addition, we reserve the right to assign, transfer, or sell any information we have about you to any companies which we may acquire or purchase. If we or substantially all of our assets are acquired, Personal Information will be one of the assets transferred to the acquirer. Should such a sale or transfer occur, we will use commercially reasonable efforts to: (i) direct the acquirer to use the information you have provided consistent with this Privacy Policy, but such acquirer(s) do not have any obligation to do so; (ii) to enforce our rights or protect our property; (iii) to protect the rights, property, or safety of others, investigate fraud, respond to a government request; or (iv) as needed to support auditing, compliance, and/or corporate governance functions. We may also disclose Personal Information to defend ourselves in litigation or a regulatory action and when required or advised to do so by law or our legal counsel in their representation of us. This includes without limitation to, in response to a subpoena or similar legal proceedings, including to law enforcement agencies, regulators, and courts in California, the United States, and other countries;
4.7 We encourage our third-party merchants and business partners to adopt and post their own privacy policies, since they are not covered or governed by ours. ACCORDINGLY, THE USE OF YOUR PERSONAL INFORMATION BY THIRD-PARTIES YOU CAN ACCESS THROUGH SITE, WHO PROVIDE GOODS OR INFORMATION ON OR THROUGH SITE, OR WITH WHOM WE SHARE CERTAIN INFORMATION OF YOURS AS DESCRIBED ABOVE IN THIS SECTION 4, IS GOVERNED BY THE PRIVACY POLICIES OF THOSE THIRD-PARTIES, AND IS NOT SUBJECT TO OURS OR TO OUR CONTROL;
4.8 You will be notified by email and we will post a prominent notice on Site’s landing page of any changes in ownership or uses of your Personal Information, as well as, of any new or different choices you may have regarding your Personal Information; or/and
4.9 We may also disclose information about you that is not personally identifiable. For example, we may provide our merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our Users.
5. Cookies and Related Technologies.
5.1 When you use Site, we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags, clear gifs (also known as web beacons and web bugs), browser analysis tools, and web server logs. A “clear gif”(also known as “web beacons”) is a nearly invisible, pixel-size graphic image on an application, website page, application or website-based document, or email. It helps us do things like view the URL of the page in which the clear gif appears, and the time our Site and the email in question is viewed. In emails, clear gifs help us confirm the receipt of and respond to emails we receive, including without limitation to, those that Users forward to friends and family, as well as, to help us deliver a more personalized online experience.
5.2 As you use Site, your browser and other devices, like certain types of phones and tablets, communicate with servers operated by us, our business partners and service providers, to coordinate and record the interactivity and facilitate your requests for Goods and information.
5.3 The information from cookies and related technology is stored in web server logs and also in web cookies kept on the computers or other devices from which you access Site. This information is then transmitted back to Site by these devices. These servers are operated, and the cookies managed by us, our business partners, or our service providers.
5.4 By way of non-exclusive example, when you visit Site, we and/or our third-party service providers may place cookies on that computer or device. Cookies allow us to recognize you when they return, and to track and target your interests in order to provide a customized experience. They also help us to detect certain kinds of fraud. A "cookie" is a data file with a small amount of information that is stored on a device, sent by the browser one is using. It stores information about your Account, your preferences, and your use of Site. Some cookies contain serial numbers that allow us to connect your Site activity with other information we store about you or as related to your interactions with Site.
5.5 Some cookies exist for a short period of time, whereas others may be configured to last longer. "Session" cookies are temporary cookies used for various reasons, such as to manage page views. Browsers usually erase session cookies once the browser is exited. "Persistent" cookies last longer than “session” cookies and are stored on the computers or other devices even after a browser is exited. We use persistent cookies for a number of purposes. These include without limitation to, retrieving certain information you have previously provided (like your password, if you asked to be remembered), and storing your preferences, such as the types of Goods in which you have indicated you are interested in. “Essential” cookies allow websites to perform essential functions, such as remembering which Goods you selected for purchase and placed into your shopping cart.
5.6 “Pixel tags” are small graphic images placed on website pages or in emails that allow us to determine whether you have performed certain specific actions. When you access these pages or open our email messages, the pixel tags generate a notice of that action to us and/or our service providers. These tools allow us to measure responsiveness to our communications and improve our web pages and promotions.
5.7 Through these automated collection methods, we obtain "clickstream data", which is a log of content on which you as a Site visitor clicks while browsing Site. We use clickstream data to determine how much time you spend on Site, how you navigate through Site, and how we may tailor Site to better meet your needs.
5.8 As you click through Site, a record of the action may be collected and stored. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of Site. See also our Do Not Track Policy section, which is at the end of Section 12 below.
5.9 Through cookies and other technologies, we collect many different types of information from the devices you use to access Site. Examples of this information include without limitation to, your operating system type, browser type, domain and other system settings, the language your system uses and, the country and time zone of that device. Browsers routinely send these types of information to web servers. Our server logs also record the IP addresses of the devices you use to interact with Site. An “IP address” is a unique identifier that devices use to identify and communicate with each other online. We may also collect information about the website or application you were visiting before you came to Site, and the application or website you visit immediately after leaving Site, if this information is supplied to us by your browser.
5.10 In many cases, the information we collect using cookies and other technologies is used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about you to: (i) optimize Site and understand its traffic and usage patterns; and (ii) associate the information we collect using cookies and related technologies with Personal Information. In such a case, this Privacy Policy governs how we use that information.
5.11 We have and maintain certain relationships with third-party advertising companies to place advertisements on our behalf onto other websites we do not own or control, and to perform tracking and reporting functions for Site and our advertisements. We do not share Personal Information with third-party advertising companies. However, these third parties may automatically collect information about your visit to Site and other websites, your IP address, your ISP, and the browser you used to visit Site. They may accomplish this by using cookies, clear gifs, and other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of Site and the other websites tracked by these third parties. THIS PRIVACY POLICY DOES NOT COVER THE COLLECTION METHODS OR USE OF THE INFORMATION COLLECTED BY THESE THIRD PARTIES, AND HERA CREATIVES IS NOT RESPONSIBLE FOR COOKIES, CLEAR GIFS, OR OTHER TECHNOLOGIES PLACED OR USED IN THIRD PARTY ADS, OR BY ANY THIRD PARTIES. We encourage you to carefully review the privacy policies or statements of these third parties to learn more about their use of cookies and other technologies. For more information about this practice, and to know your choices about not having this information used by these third party advertisers, please visit Network Advertising Initiative at www.networkadvertising.org. YOU CAN OPT OUT of being targeted by certain third-party advertising companies online at www.networkadvertising.org/consumer/optout.asp.
5.12 You can also REMOVE COOKIES FROM YOUR DEVICE(S) by blocking or deleting them. This is often done by adjusting your browser’s privacy and security settings. How to do this depends on the type of browser being used. Browsers are different, so please refer to the specific instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You might also find information about this by clicking your browser’s “Help” tab, or by contacting them. You can also try searching for such information by inputting searches into an internet search engine such as Google. You may also find helpful additional information on sites including the web address listed below: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
6. Your Choices.
6.1 We believe you benefit from a more personalized experience when we know more about you and the kinds of Goods you are interested in. However, you can limit the information you provide to us, and you can limit the communications that we send to you, at any time, as described in Section 7 below.
6.2 For example, you can manage your email preferences by logging into your Account through our Site, entering the "My Account" section, and selecting "Manage Email Subscriptions." You can also manage your Account by following management instructions contained in some of the messages that we send you. You may choose to subscribe or unsubscribe to some or all types of messages. Please note that even if you unsubscribe from promotional email messages, we may still need to contact you with important transactional information related to your Account, purchases, and to advise you of changes to our Terms of Use or this Privacy Policy. By way of non-exclusive example, if you unsubscribe from our promotional email messages, we will still send you confirmations when you purchase Goods from us.
6.3 You may manage how your browser handles cookies and related technologies by referring to Section 5 above.
6.4 You can also manage the sharing of certain of your Personal Information with us when you connect with us through a social media platform or applications, such as through Instagram, Twitter, Facebook, or LinkedIn. Please refer to the privacy policies and settings of the social media website or application to determine how you may adjust our permissions and manage the interactivity between us and that social media account.
6.5 If you wish to opt-out of receiving offers directly from HERA CREATIVES merchants or business partners, you can follow the opt-out instructions in the emails HERA CREATIVES’ merchants or business partners send you.
7. Accessing, Correcting, and Deleting Personal and Other Information; Opting Out.
7.1 YOU CAN ACCESS, UPDATE, CHANGE, AND DELETE ALL OR PART OF YOUR INFORMATION AT ANY TIME, OPT-IN AND OPT-OUT OF ANY OR ALL OF THE SERVICES AND INFORMATION WE PROVIDE TO YOU, AND/OR REQUEST THAT WE NO LONGER USE SOME OR ALL OF YOUR INFORMATION TO PROVIDE YOU GOODS OR OTHER THINGS. YOU CAN DO THIS AS A USER BY CLICKING ON THE “OPT-OUT” LINK IN ANY OF THE NEWSLETTERS WE SEND AND CLICKING ON THE “OPT-OUT” OR “UNSUBSCRIBE” LINK IN CERTAIN EMAILS YOU RECEIVE.
7.2 YOU MUST KEEP YOUR PERSONAL AND OTHER INFORMATION YOU EXPRESSLY PROVIDE TO US CURRENT AND ACCURATE AT ALL TIMES. By providing us with your email address (including by “following,” “liking,” linking your Account to our Site, or to a third-party website or network), you consent to us using the email address to send you Site and/or Goods-related notices, including any notices required by law, in lieu of communication by postal mail. You also acknowledge and understand that we may send you notifications of activity on Site to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages or content, including without limitation to, newsletters, additions or changes to features of Site, or special offers. If you do not want to receive such email messages, you may opt-out by emailing us your request, at the email address below in this Section 7. Opting out may prevent you from receiving email messages regarding updates, improvements, special features, announcements, or offers. You may not opt-out of Site-related emails, a non-exclusive example of which are notices and alerts we may be required to send you.
7.3 Each time you provide us with Contact Information, Financial Account Information and the other information you provided us (individually and collectively, “Your Information”), you are declaring that it is true and correct, and acknowledging and understanding that any false or misleading statements or information contained in Your Information can without limitation to, result in termination of your access to Site, and/or possible civil and/or professional liability. Keeping Your Information accurate also helps ensure that we offer you the types of Goods and other goods and services we think you want from us, our merchants and business partners. You can also log in to and access the Account section of our Site, send us an email at www.heracreatives.com, or postal mail at the address at the end of the next sentence. If you need help with accessing, updating and deleting any of Your Information you provided to us, or have other questions or requests, please contact our customer service department at www.heracreatives.comor by postal mail at:
HERA CREATIVES
520 S GRAND SUITE 695 LOS ANGELES CA 90071
7.4 When you update information, however, we may maintain a copy of the unrevised information in our records.
7.5 While are ready to assist you in managing Your Information, we cannot always delete records of past interactions and transactions. By way of non-exclusive example, we are required to retain records relating to your transactions on and through Site for financial reporting and compliance reasons.
7.6 We will retain Your Information to provide you Goods and other goods and services. We will also retain as much of Your Information as we believe in our sole discretion is necessary to comply with our legal obligations, resolve disputes, enforce our agreements, meet regulatory requirements, maintain security, and prevent fraud and abuse. We will retain de-personalized information after your Account has been closed.
8. Security of Personal Information.
8.1 HERA CREATIVES has implemented an information security program that contains administrative, technical, and physical controls designed to reasonably safeguard Personal Information. For example, we use industry-standard encryption technology to secure Financial Account Information when it is being transmitted over the internet. We also use industry-standard security strategies for password encryption, security certification, periodic vulnerability testing, and periodic service, database, and server security scanning and vulnerability patching. Our Site is hosted on a server that is password-protected. When our employees need to access your Personal Information or Financial Information in the course of providing Goods to you, we track it internally. When our third-party providers, such as our credit card processing provider(s), need to access your Personal Information or Financial Information in the course of providing our Goods, they can only do so with a password we provide them for this purpose. HOWEVER, DESPITE OUR SECURITY PROGRAM AND PROCEDURES, YOU ACKNOWLEDGE AND UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE THAT ANY PERSON WILL BE PREVENTED FROM OBTAINING YOUR INFORMATION, OR ANY OTHER INFORMATION INCLUDING WITHOUT LIMITATION TO, THROUGH UNAUTHORIZED MEANS SUCH AS HACKING.
8.2 In the event that Personal Information is compromised as a result of a breach of security, we will notify those Persons whose Personal Information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.
8.3 In the event the breach involves your Account credentials, we will send you an email, and direct you to promptly change your password and other security information, as applicable, or to take other appropriate steps to protect your Account. You consent to our use of email as a means of such notification. If you would prefer us to use another method to notify you in this situation, please contact us at www.heracreatives.com with the alternative and/or additional contact information you would like us to use.
9. Privacy Practices of Third Parties. This Privacy Policy only addresses our use and disclosure of information through your interaction directly with Site. Our affiliates, business partners, merchants and service providers, as well as, other websites and applications that may be accessible through links from Site, likely have their own privacy policies, information collection, use, protection and/or disclosure practices and procedures. We are not responsible for the practices of any such third parties. We encourage you to read carefully and familiarize yourself with the privacy policies provided by these third parties prior to providing them with any information or taking advantage of any of their offers or promotions. We are not responsible for the privacy or security of any information you provide to these third parties.
10. Communities.
10.1 Site may contain, be linked to, or use social media application program interfaces or plug-ins (“Plug-in(s)”) to connect to online or other communities, social media platforms and sites, and other areas where you may be able to publicly post and otherwise share information, interact, network, make comments, and communicate with others, including without limitation to, Instagram, LinkedIn, Twitter, Facebook, discussion boards, chat rooms, and blogs, (individually, “Community” and collectively, “Communities”).
10.2 By way of non-exclusive example, when you visit our Site, the Plugin creates a direct connection between your browser and the server of the visited Community. This can allow the Community to receive information about your visit to our Site with your IP address. If, while you are logged into your account belonging to the Community at issue, you click certain buttons, areas, or indicators on that Community’s website or platform (such as a “like” button), you can link the contents of our Site to your Community account. This allows the Community to potentially assign your visit to our Site to your user account.
10.3 Please note that as provider of Site, we do not receive notification about the contents of the transmitted data or their use by your short message service (“SMS”). If you do not want your SMS to assign your visit to our Site to your SMS user account, please log out of your SMS user account and/or follow their instructions to prevent this assignment. We are not responsible for your following or understanding of any such third-party SMS instructions. If you have any questions related thereto, please contact your SMS provider.
10.4 If you connect to Site through one of your SMS accounts, you authorize us to access certain SMS account information, such as your public SMS profile (consistent with your privacy settings in SMS), your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, videos, sounds, personal description, friend list(s), and information about and photos of your SMS friends who might be common SMS friends with other users. Plug-ins may also transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will usually transmit information directly to that Plug-in’s social network, and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Privacy Policy. You can find the privacy policy for a platform on their website.
10.5 Also, prior to posting anything to an SMS, please read our Terms of Use carefully. The information you post may be accessible to anyone with internet and/or mobile access, and any Personal Information you include in your posting may be read, collected, and otherwise used by others. YOU SHOULD ALWAYS BE VERY CAREFUL ABOUT PUBLICLY POSTING AND SHARING YOUR PERSONAL INFORMATION. YOU SHOULD ALSO REFER TO THE PRIVACY POLICIES OF EACH SMS YOU USE AND THROUGH WHICH YOU HAVE AN ACCOUNT OR CHANNEL, TO SEE HOW THE SMS PROVIDER DEALS WITH PERSONAL AND OTHER INFORMATION. PLEASE REMEMBER THAT HERA CREATIVES IS NOT RESPONSIBLE FOR THE PRIVACY OR SECURITY OF ANY INFORMATION YOU PROVIDE TO THESE THIRD PARTIES.
10.6 If you have questions about Personal Information posted in our Communities, please contact us www.heracreatives.com.
11. Changes to this Privacy Policy. From time to time, we may update this Privacy Policy to clarify or amend our practices, policies, or procedures, or to reflect new or different privacy practices, such as when we add new features to Site, or to comply with current laws and regulations. If we make any changes, we will notify you by email (sent to the email address you have provided us), and post a notice on Site’s home page, both containing a link to the updated Privacy Policy so you can read it. We also encourage you to periodically review this Privacy Policy for the latest information about our privacy practices. Your continued use of Site after we publish and/or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of Your Information is subject to the updated Privacy Policy.
12. California Online Privacy Protection Act (“CalOPPA”); Do Not Track.
12.1 Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us annually for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and requesting that we provide contact information for such affiliates and/or third-parties.
12.2 CalOPPA was the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any Person in the United States (and conceivably the world) that operates websites collecting what’s called Personally Identifiable Information (“PII”) from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. You can see more about this at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf.
12.3 The law also provides that companies must inform consumers about the categories of goods or services marketed by those third parties, and a COST-FREE MEANS FOR YOU TO OPT-OUT of our providing your Personal Information for these direct-marketing purposes. To request a copy from us of the information disclosure pursuant to California Civil Code Sections 1798.83-1798.84 to exercise your rights under this California law and/or the opt-out form, please contact us via email to www.heracreatives.com, or by postal mail at the following address:
HERA CREATIVES
Attention: Privacy Office
California Customer Choice Notice
520 S GRAND SUITE 695 LOS ANGELES CA 90071
12.4 Your written request MUST include your postal address, fax number, or email address so that we can provide you with the requested information. Please allow thirty (30) days for a response.
12.5 As required by CalOPPA, we agree to the following:
12.5.1 You can visit our Site anonymously by enabling private browsing through your browser. We have a link to it on our home page or as a minimum, on the first significant page after entering our Site. Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
12.5.2 Site is not designed to respond to "do not track" (“DNT”) signals received from browsers. For further details regarding DNT, visit www.donottrack.us.
13. Permitted.
13.1 HERA CREATIVES intends, and California state law requires, that only persons who are twenty-one (21) years or older may be allowed to purchase certain Goods on Site. Any use of Site by persons under the age of twenty-one (21) years old is strictly prohibited for certain Goods. We will not knowingly accept Personal Information and other information submitted by a person under the age of twenty-one (21) years old for certain Goods. Any general information provided by a person under the age of twenty-one (21) years old that is gathered by cookies and related technologies, as provided in Section 5 above, may be used as indicated in this Privacy Policy.
13.2 Protecting the privacy of anyone under the age of 20 (“Children” or “Child”) for certain Goods is especially important. We do not knowingly collect, solicit or maintain Personal Information from Children for certain Goods, or knowingly allow Children to access Site for certain Goods, avail themselves of or purchase or use any of certain Goods. Children should not send us any Personal Information, or any type of other information for certain Goods. If we learn that we have collected any such information from a Child for certain Goods, we will use commercially reasonable efforts to delete such information from our database. As mentioned in the previous paragraph of this Section 13, information gathered by cookies and related technologies can be used by us as indicated in this Privacy Policy.
13.3 If you believe that we might have any Personal Information or other information from a Child for certain Goods, please contact us immediately at the contact information in Section 12 above. Please also contact us if you have any other related concerns.
14. Important Information for Non-U.S. Residents.
14.1 Data Transfers.
14.1.1 We are headquartered in the United States. This Privacy Policy originates and is hosted on a website located in the United States, which has different data protection laws from those of other locations, regions, and nations, particularly member nations in the European Union and the European Economic Area (“EEA”). Due to differing laws and legal practice, please be aware that law enforcement agencies in the United States may have access to your Personal Information.
14.1.2 If you are located in EEA or other regions, they may have laws governing data collection and use that may differ from the laws in the United States, and/or may not provide equivalent levels of data protection as your home jurisdiction. Please note that we or our service providers may transfer your information to, or access it in, a country or jurisdiction that does not have the same data protection laws and/or may not provide equivalent levels of data protection as your home jurisdiction. It may also be processing your information by staff operating outside EEA who works for us or for one of our service providers. If required by applicable law, we will seek your explicit consent to process your Personal Information collected on our Site or volunteered by you.
14.1.3 We will take steps to ensure that your Personal Information receives an adequate level of protection in the jurisdictions in which we process it. If you are located in EEA or Switzerland, we provide adequate protection for the transfer of Personal Information to countries outside of EEA or Switzerland through a series of intercompany agreements based on the standard contractual clauses. We may also need to transfer your information to other group companies or service providers in countries outside EEA. This may happen if our servers or suppliers and service providers are based outside EEA, or if you use access, avail yourself and/or purchase Goods while visiting countries outside this area.
14.1.4 If you are a resident of a country other than the United States, you acknowledge and consent to our collecting, transmitting, and storing your Personal Information out of the country in which you reside.
14.2 GDPR.
14.2.1 The following provisions apply to you if you are a European citizen or resident. All processing of your Personal Information used to be performed in accordance with privacy rights and regulations following the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (“Directive”), and the implementations of Directive in local legislation. As of May 25, 2018, Directive and local legislation based on Directive was replaced by the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of PII and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”), and our applicable processing will take place in accordance with GDPR. For purposes of GDPR, we will be the “data controller” of PII (referred to in GDPR as “personal data”) we collect through Site, unless we collect such information on behalf of a “data controller” in which case we will be a “data processor.” This Privacy Policy does not apply to websites, applications or services that do not display or link to this Privacy Policy or that display or link to a different privacy policy.
14.2.2 This Privacy Policy has been compiled to better serve those who are concerned with how their PII is being used online. PII, as described in U.S. privacy law, Directive 95/94C (“The EU Directive”) and its replacement, GDPR, is information that can be used on its own or with other information to identify, contact, or locate a Person, or to identify a Person in context. Should designation of a data privacy officer be required of us, our person is:
HERA CREATIVES
Attention: Privacy Office
520 S GRAND SUITE 695 LOS ANGELES CA 90071
Email: info@heracreatives.com
Copyright © 2024 HERA CREATIVES - All Rights Reserved.
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