This policy applies to all processing of personal data carried out by Heartspell Media, LLC and has the objective of informing the user regarding the way in which Heartspell Media, LLC carries out the processing of personal data (including details of the type of personal data collected and the purpose of processing) and regarding the rights of the user in relation to their personal data.
2. Contact – How can I contact?
Mailing address is:
5457 Twin Knolls Rd
Ste 300 #1080
Columbia, MD 21045
Contact phone number is: 240-206-1060
The user may establish direct and effective communication with Heartspell Media, LLC by written communication sent to any of the indicated addresses or also by sending an email to the address: email@example.com
In addition, information of the officer in charge of processing your personal data is listed below:
Trade name: Heartspell Media, LLC
Identity of the controller: Heartspell Media, LLC
Address: 5457 Twin Knolls Rd. Ste 300 #1080, Columbia, MD 21045
3. Processing identification – How do we collect personal data?
In compliance with current regulations on the protection of personal data, especially,
Regulation (EU) 2016/679 of the European Parliament and Council, dated April 27, 2016 on the protection of natural persons regarding the processing of personal data and the free circulation of these data (hereinafter, the “GDPR”),
The General Data Protection Law of Brazil, Law No. 13,709, (the “LGPD”)
The California Consumer Privacy Act (CCPA), Assembly bill No. 375
Heartspell Media, LLC collects personal data in its possession when the user:
(i). completes the forms of https://myimaginaryfriends.net (“Site”);
(ii). subscribes to the newsletter;
(iii). answers a poll or completes a web form;
(iv). completes a printed form;
(v). sends an email or communicates by phone, which are then loaded in the corresponding forms;
4. Personal Data Collected - What personal data do we collect?
Heartspell Media, LLC collects information when visiting their web page, and mainly by completing its registration forms.
The following data is collected: full name, email, phone number and address.
As a rule, when personal data is requested to use a service or access certain content, its delivery will not be mandatory, except for those cases where it is specifically indicated that it is data required for the provision of the service. In this case, the user may freely choose not to register and/or not to contract the services.
The user declares and guarantees that all the data provided by him are true and correct and undertakes to keep them updated. The changes may be communicated to the Data Protection Delegate or to the address indicated in Section 2 hereof.
Likewise, the user acknowledges that the data required by Heartspell Media, LLC are necessary, adequate, and not excessive to carry out the purposes expressed in Section 5 hereof, which would be impossible to fulfill if said data are not provided.
Any false or inaccurate statement that occurs as a result of the information and data given, as well as the damages that such information may cause, will be the responsibility of the user.
5. Purpose - What do we use personal data for?
The personal data requested to the user will be used for the following purposes:
In the event of contracting services offered through the Site, to create and maintain the commercial relationship, and to carry out the activities and provide the services of Heartspell Media, LLC (including, without limitation, the management, administration, provision and improvement of services).
Send newsletters, as well as commercial communications, promotions and/or advertisements of Heartspell Media, LLC, either occasionally or periodically. Accordingly, the email address that the user provides when completing the form on the Site may be used to send information and updates on the request for services, as well as news about Heartspell Media, LLC (either occasionally or periodically), updates, information on related products or services, among others. This treatment is based on our legitimate interest in promoting our products and services.Conduct a survey or run a contest
Personalize the user experience, increasing our ability to respond to their needs.
Improve the Site and the service offer of Heartspell Media, LLC, based on the legitimate interest of Heartspell Media, LLC in constantly improving its products and services.
Process transactions and comply with the legal obligations to which Heartspell Media, LLC is subject, such as tax obligations. The data subject to treatment will not be used for purposes other than or incompatible with those mentioned above and that motivated its collection. Notwithstanding the foregoing, it is stated that the recorded data may be used, in addition to the purposes for which it was expressly collected, for the purpose of carrying out statistics, managing incidents or conducting market studies. However, in the event that personal data is processed for a purpose other than that initially specified when collecting said data, a compatibility analysis will be carried out by Heartspell Media, LLC in accordance with applicable regulations. The processing will only be authorized if the original purpose is compatible with the new purpose or allowed in accordance with an independent legal basis. In these cases, the user will be informed of the changes in purpose or legal justification for the processing of their data.
We remind the user that they can oppose the sending of commercial communications (unsubscribe) and stop receiving emails from Heartspell Media, LLC, reliably notifying Heartspell Media, LLC, which will proceed to interrupt in the shortest possible time after receiving such communication. For this purpose, it may send an email to the address indicated in Section 2, a postal mail addressed to the address indicated in Section 2 hereof, or directly follow the unsubscribe instructions detailed at the end of each email of Heartspell Media, LLC.
6. How we use your information?
We will use the information that we collect about you for the following purposes:
Creating user account
Manage customer order
User to user comments
Manage user accounts
Processing payment: Stripe
If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.
By providing personal data to Heartspell Media, LLC, the user declares to accept their processing fully and unreservedly by Heartspell Media, LLC. The user hereby grants his free, express, and informed consent for Heartspell Media, LLC to use the data collected for the purposes indicated in Section 5 hereof, as well as its incorporation into a Heartspell Media, LLC database.
8. Expiration - How long do we store them?
The data will be destroyed or archived when it is no longer strictly necessary or relevant for the purposes detailed in Section 5 above. In particular, personal data will be kept as long as the business relationship is in force (and to the extent that the user has not previously requested its deletion) and during the period during which obligations, indemnities and/or responsibilities may arise under the business relationship or for the services provided.
9. Confidentiality / Assignment / International Transfer - Do we disclose data to third parties?
Heartspell Media, LLC will keep the personal data collected private and confidential, and will not use them for purposes other than those established in Section 5 hereof. Heartspell Media, LLC requires the signing of confidentiality agreements and personal data processing by its employees and third parties that provide services that access the content of the databases (or include such obligations within the service agreements that it signs with such providers as indicated in the next paragraph).
The personal data of the user collected by Heartspell Media, LLC will not be transferred, sold, exchanged, transmitted and/or communicated to any third party outside of Heartspell Media, LLC without the consent of the user, except legal obligation and/or for the purpose of providing the services to the user. This does not include certain employees and service providers that allow Heartspell Media, LLC to keep the Site operational, comply with the purposes established in Section 5 hereof and/or provide services to the user, who have assumed the obligation to maintain the confidentiality of the data provided and commit to compliance with the applicable regulations on the protection of personal data, at the time of hiring. The contracts with the service providers stipulate the objective, scope, content, duration, nature and purpose of the data processing, the type of personal data, the categories of data owners and the obligations and responsibilities of Heartspell Media, LLC and of the contracted third parties.
In particular: Heartspell Media, LLC may share the personal information provided with controlling companies, affiliates, subsidiaries, related companies and/or intermediaries related to Heartspell Media, LLC.
Heartspell Media, LLC may share certain personal information provided by the user internally within Heartspell Media, LLC, with certain departments, such as administration, marketing, or IT.
**- Social Networks. Heartspell Media, LLC also uses social networks, such as Facebook or Instagram, and has integrated functions of these networks into its services. The user may only use these social networks to the extent that they are registered in them and have accessed the corresponding social network with their user. These social networks have their own privacy policies and their own terms and conditions, over which Heartspell Media, LLC has no interference or control. **
10. Security - How do we ensure data security?
Heartspell Media, LLC declares its intention to adopt the technical and organizational measures necessary to guarantee the security, integrity, and confidentiality of the data in accordance with the provisions of the RGPD, and, LGPD in order to avoid its adulteration, loss, consultation or unauthorized processing.
Heartspell Media, LLC does not guarantee absolute privacy in the use of the Site since the possibility that unauthorized third parties may have knowledge of it should not be ruled out. The user acknowledges that the existing technical means that provide security are not impregnable and that even when all reasonable security precautions are adopted, it is possible to suffer manipulation, destruction and / or loss of information. In the event that a security incident is detected and that it implies a significant risk for the owner of the data, such event will be communicated without delay to the competent control authority, together with the corrective and palliative measures implemented and / or to be implemented.
Heartspell Media, LLC is not responsible for the loss or deletion of data by users. Likewise, Heartspell Media, LLC does not accept any responsibility for possible damages caused by computer viruses.
Finally, the user must also take measures to protect their information. Heartspell Media, LLC insists that you take every precaution to protect your personal information while on the Internet. At least, you are advised to change your password periodically, using a combination of letters and numbers, and make sure you are using a secure browser.
11. Rights of the owner of the data and procedures to respond to their exercise - What rights do I have as the owner of the data?
The user who owns the data may at any time exercise the rights of access, rectification, cancellation, opposition, limitation of processing, portability, confidentiality and deletion regarding their personal data, in accordance with the provisions of articles 15 and following of the RGPD, the provisions of the LGPD, as appropriate.
The exercise of these rights can be carried out by the user himself through an email addressed to firstname.lastname@example.org, or by written communication addressed to the Data Protection Officer at the following address email@example.com, or by any of the methods provided for in the applicable regulations referenced above. Heartspell Media, LLC may request the necessary data to validate the identification of the owner of the data.
The deletion of some data will not proceed when it could cause damage to the legitimate rights or interests of third parties, or when there is a legal obligation to keep the data.
12. Appointment of a Data Protection Officer
13. Training - Do we train?
The Heartspell Media, LLC staff whose functions are related to the processing of personal data are trained in order to guarantee better protection of personal data and the rights of its holders.
14. Links to third parties - Does our Site contain links to other sites?
The Site may contain links to third party sites, with or without advertising content, whose privacy policies are foreign to Heartspell Media, LLC. The linked sites are not related to Heartspell Media, LLC and, their existence in no way presupposes that there is any kind of suggestion, invitation, or recommendation for the visit of the destination places or any kind of link or association between Heartspell Media, LLC and such sites. Heartspell Media, LLC is not responsible or liable for the content, use and activities of these linked websites, or for damages, whether current or eventual, material or moral, direct or indirect, suffered by users and derived from the information contained in such sites or of the relationship that users may establish with third parties whose services have been published on the Site. Notwithstanding the foregoing, any comment on these linked websites will be useful to Heartspell Media, LLC in order to improve services and/or ensure the integrity of the Site. Heartspell Media, LLC undertakes to do everything possible to prevent the existence on its Site of links to sites with illegal content.
The user should know that to navigate the Site, it is not necessary for the user to allow the installation of cookies sent by the Site. This may only be required in relation to certain services. The user can erase cookies from the hard drive of his/her computer, prevent access to his/her computer either through his/her browser or by choosing the corresponding option when asked about the possibility of using cookies for these purposes and in compliance with the Cookies Policy of Heartspell Media, LLC.
Cookies are information files that a website or the provider of certain services of the site transfers to the hard drive of the user's computer through the browser program. Cookies by themselves cannot personally identify the user (although they can contain the user's IP address) but they allow them to recognize the user's browser, and capture and store certain data (user's operating system, domain name of the website from which the Site was linked, among others). Heartspell Media, LLC reserves the right to contract the services of third parties to analyze and understand the users of the Site, who may not use the information collected for purposes other than to improve Heartspell Media, LLC services.
17. Modifications - Is this the most current version?
18. Information for Californian consumers
This part of the document uses the term “personal information“ as it is defined in The California Consumer Privacy Act (CCPA).
Categories of personal information collected, disclosed or sold In this section we summarize the categories of personal information that we've collected, disclosed or sold and the purposes thereof. You can read about these activities in detail in the section titled “Detailed information on the processing of Personal Data” within this document.
Information we collect: the categories of personal information we collect We have collected the following categories of personal information about you: internet information.
We will not collect additional categories of personal information without notifying you.
How we collect information: what are the sources of the personal information we collect? We collect the above mentioned categories of personal information, either directly or indirectly, from you when you use this Application.
For example, you directly provide your personal information when you submit requests via any forms on this Application. You also provide personal information indirectly when you navigate this Application, as personal information about you is automatically observed and collected. Finally, we may collect your personal information from third parties that work with us in connection with the Service or with the functioning of this Application and features thereof.
How we use the information we collect: sharing and disclosing of your personal information with third parties for a business purpose We may disclose the personal information we collect about you to a third party for business purposes. In this case, we enter a written agreement with such third party that requires the recipient to both keep the personal information confidential and not use it for any purpose(s) other than those necessary for the performance of the agreement.
We may also disclose your personal information to third parties when you explicitly ask or authorize us to do so, in order to provide you with our Service.
To find out more about the purposes of processing, please refer to the relevant section of this document.
Sale of your personal information For our purposes, the word “sale” means any “selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer's personal information by the business to another business or a third party, for monetary or other valuable consideration”.
Your right to opt out of the sale of personal information You have the right to opt out of the sale of your personal information. This means that whenever you request us to stop selling your data, we will abide by your request. Such requests can be made freely, at any time, without submitting any verifiable request, simply by following the instructions below.
Instructions to opt out of the sale of personal information If you’d like to know more, or exercise your right to opt out in regard to all the sales carried out by this Application, both online and offline, you can contact us for further information using the contact details provided in this document.
What are the purposes for which we use your personal information? We may use your personal information to allow the operational functioning of this Application and features thereof (“business purposes”). In such cases, your personal information will be processed in a fashion necessary and proportionate to the business purpose for which it was collected, and strictly within the limits of compatible operational purposes.
We may also use your personal information for other reasons such as for commercial purposes (as indicated within the section “Detailed information on the processing of Personal Data” within this document), as well as for complying with the law and defending our rights before the competent authorities where our rights and interests are threatened or we suffer an actual damage.
We will not use your personal information for different, unrelated, or incompatible purposes without notifying you.
Your California privacy rights and how to exercise them The right to know and to portability You have the right to request that we disclose to you:
the categories and sources of the personal information that we collect about you, the purposes for which we use your information and with whom such information is shared; in case of sale of personal information or disclosure for a business purpose, two separate lists where we disclose: for sales, the personal information categories purchased by each category of recipient; and for disclosures for a business purpose, the personal information categories obtained by each category of recipient. The disclosure described above will be limited to the personal information collected or used over the past 12 months.
If we deliver our response electronically, the information enclosed will be "portable", i.e. delivered in an easily usable format to enable you to transmit the information to another entity without hindrance – provided that this is technically feasible.
The right to request the deletion of your personal information You have the right to request that we delete any of your personal information, subject to exceptions set forth by the law (such as, including but not limited to, where the information is used to identify and repair errors on this Application, to detect security incidents and protect against fraudulent or illegal activities, to exercise certain rights etc.).
If no legal exception applies, as a result of exercising your right, we will delete your personal information and direct any of our service providers to do so.
How to exercise your rights To exercise the rights described above, you need to submit your verifiable request to us by contacting us via the details provided in this document.
For us to respond to your request, it’s necessary that we know who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:
provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will not respond to any request if we are unable to verify your identity and therefore confirm the personal information in our possession actually relates to you.
If you cannot personally submit a verifiable request, you can authorize a person registered with the California Secretary of State to act on your behalf.
If you are an adult, you can make a verifiable request on behalf of a minor under your parental authority.
You can submit a maximum number of 2 requests over a period of 12 months.
How and when we are expected to handle your request We will confirm receipt of your verifiable request within 10 days and provide information about how we will process your request.
We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfill your request.
Our disclosure(s) will cover the preceding 12 month period.
Should we deny your request, we will explain you the reasons behind our denial.
We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee, or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind it.