Privacy Policy

Last Updated: Dec 3rd, 2024

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HeatMap™ Tool Privacy Policy

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Summary

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This HeatMap™ Tool Privacy Policy describes how HeatMap, Inc. (“HeatMap™,” “we,” “our” or “us”) collects, stores, uses and shares consumer data in connection with its proprietary HeatMap™ website plug-in tool (collectively, the “HeatMap™ Tool”).  This HeatMap™ Tool Privacy Policy (“HeatMap™ Tool Privacy Policy”) does not apply to information we collect and use in connection with our corporate website, located at www.heatmap.com (“Site”).  Please see the HeatMap™ Website Privacy Policy posted on the Site for information on our privacy practices as they relate to the Site.

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The HeatMap™ Tool is utilized by our third-party clients (“HeatMap™ Customers”), as embedded on HeatMap™ Customer websites (collectively, the “Customer Websites”).  The HeatMap™ Tool enables HeatMap™ to generate real-time heatmap-based Tracked Reporting (as defined below) by tracking and recording certain actions taken by end-users (“Customer Website Users”) who access Customer Websites that have the HeatMap™ Tool embedded on those Customer Websites.  The HeatMap™ Tool tracks and records the following information concerning Customer Website Users: (a) mouse and touch activity on Customer Websites; (b) Customer Website User device screen size; (c) geographic location (country only) from where a Customer Website is accessed; (d) Customer Website pages visited; (e) date and time when Customer Website pages were accessed; and (f) Customer Website e-commerce transactions (collectively, “Tracked Reporting”).

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To opt out of allowing the HeatMap™ Tool to generate Tracked Reporting in connection with your use of Customer Websites, please request opt-out from the Customer Website. It is Customer’s responsibility to instruct their customers to opt out of Customer Website tracking if requested.

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Our Customers are responsible for providing a means to opt-out of the tracking conducted by the HeatMap™ Tool on their respective Customer Websites.

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The Tracked Reporting data: (i) is collected in a fully anonymized format; and (ii) does not contain, and is not linked to, any personally identifiable information.  Without limiting the foregoing, no Customer Website User personal information is collected, provided to or accessible by either HeatMap™ or the HeatMap™ Customers by and through the HeatMap™ Tool.

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Please be advised that the collection, storage, use and sharing of any personal data that you provide by and/or through any Customer Website (“Directly Submitted Data”) shall remain, at all times, subject to the respective privacy policy of the subject HeatMap™ Customer as posted on the subject Customer Website.  HeatMap™ is not responsible for the privacy practices of its HeatMap™ Customers or the content of their respective Customer Websites.  We encourage you to review the privacy policies and settings of the Customer Websites with which you interact to help you understand those HeatMap™ Customers’ respective privacy practices. If you have questions about the security and privacy settings of any Customer Website that you use, please refer to the applicable Customer Website’s privacy policies or notices.

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Your California Privacy Rights

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HeatMap™ will never share, sell, rent, exchange or barter your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) to or with any third-party for financial gain or marketing purposes.  Nevertheless, we may, in certain limited instances, share your personal information with third parties who perform administrative functions on our behalf.

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If you are a resident of the State of California and would like to learn how your personal information is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please call us at: 516-780-1721 email us as at: support@heatmap.com; or send us U.S. Mail to: HeatMap, Inc., 24970 Greengage Pl., Aldie, VA 20105.

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Your Nevada Privacy Rights

If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please call us at: 516-780-1721; email us as at: support@heatmap.com; or send us U.S. Mail to: HeatMap, Inc., 24970 Greengage Pl., Aldie, VA 20105.

Personal Information Collected

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The HeatMap™ Tool tracks and records the following information concerning Customer Website Users: (a) mouse and touch activity (but no keyboard activity) on Customer Websites; (b) Customer Website User device screen size; (c) geographic location (country only) from where a Customer Website is accessed; (d) Customer Website pages visited; (e) date and time when Customer Website pages were accessed; and (f) Customer Website e-commerce transactions.

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Please be advised that the collection, storage, use and sharing of any Directly Submitted Data shall remain, at all times, subject to the respective privacy policy of the subject HeatMap™ Customer as posted on the subject Customer Website.  HeatMap™ is not responsible for the privacy practices of its HeatMap™ Customers or the content of their respective Customer Websites.  We encourage you to review the privacy policies and settings of the Customer Websites with which you interact to help you understand those HeatMap™ Customers’ respective privacy practices.  If you have questions about the security and privacy settings of any Customer Website that you use, please refer to the applicable Customer Website’s privacy policies or notices.

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Opt-Out/Unsubscribe

The Tracked Reporting data is collected in an anonymized format and does not contain, and is not linked to, any personally identifiable information.  Nevertheless, to opt out of allowing the HeatMap™ Tool to generate Tracked Reporting in connection with your use of Customer Websites, please contact Customer Website’s support.

If you wish to opt-out of the use and/or sharing of your Directly Submitted Data by a HeatMap™ Customer, please refer to the opt-out mechanisms set forth in the applicable privacy policy of that HeatMap™ Customer.

Data Retention

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We retain Tracked Reporting data only for as long as we continue to have a business need to do so, unless a longer period is required by law. Such business needs may include handling the contractual relationship that we have with HeatMap™ Customers, optimizing the performance and functionality of the HeatMap™ Tool, as well as legal, taxation, accounting, risk management and other business purposes.  

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Use and Sharing of Personal Information and Tracked Reporting Data

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The Tracked Reporting data is collected in an anonymized format and does not contain, and is not linked to, any personally identifiable information.  Our HeatMap™ Customers will have access to: (a) web interfaces that present Tracked Reporting data in various analytical formats; and (b) real-time Customer Website overlays that display heatmap patterns generated by the organization and filtering of the Tracked Reporting data.

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We may also employ other companies and individuals to perform certain functions on our behalf.  The agents performing these limited functions on our behalf may have access to Tracked Reporting data as needed to perform these functions for us, but we do not permit them to use Tracked Reporting data for other purposes.

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We may also use Tracked Reporting data for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the HeatMap™ Tool.  

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We also reserve the right to release current or past Tracked Reporting data: (i) if such information is subpoenaed; (ii) if we are sold, merge with a third-party or are acquired by a third-party (collectively, “M&A Transactions”) (including where we share your personal information in connection with the due diligence process associated with a potential M&A Transaction); (iii) if we are the subject of bankruptcy proceedings; and/or (iv) when we deem it necessary or appropriate.  

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Automatically Collected Personal Data; Non-Personal Data Collection and Use

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Cookies/IP Addresses/Browser Type

When a Customer Website User visits a Customer Website, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable Customer Website User’s computer.  A Cookie is a piece of data stored on a Customer Website User’s hard drive containing non-personally identifiable information about that Customer Website User.  To find out more about Cookies, please visit www.cookiecentral.com.  We use Cookies to improve the quality of the HeatMap™ Tool and associated Tracked Reporting.

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In addition to the foregoing, the HeatMap™ Tool automatically tracks and records the following information concerning Customer Website Users: (a) mouse and touch activity, as well as key-press events (but not the key that is clicked), on Customer Websites; (b) Customer Website User device screen size; (c) geographic location (country only) from where a Customer Website is accessed; (d) Customer Website pages visited; (e) date and time when Customer Website pages were accessed; and (f) Customer Website e-commerce transactions.  To opt out of allowing the HeatMap™ Tool to use Cookies to assign a unique identifier to your computer and otherwise generate Tracked Reporting in connection with your use of Customer Websites, it is Customer’s responsibility to instruct their customers to opt out of Customer Website tracking if requested.

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Behavioral Tracking The HeatMap™ Tool does not track Customer Website User activity after Customer Website Users leave the subject Customer Websites; provided, however, that, while on a Customer Website, the HeatMap™ Tool automatically tracks and records the following information concerning Customer Website Users: (a) mouse and touch activity, as well as key-press events (but not the key that is clicked) on Customer Websites; (b) Customer Website User device screen size; (c) geographic location (country only) from where a Customer Website is accessed; (d) Customer Website pages visited; (e) date and time when Customer Website pages were accessed; and (f) Customer Website e-commerce transactions.

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In general, Customer Website Users may also be able to disable some, or all, Internet tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. To opt out of allowing the HeatMap™ Tool to track your activity in connection with generating Tracked Reporting associated with your use of Customer Websites, it is Customer’s responsibility to instruct their customers to opt out of Customer Website tracking if requested.

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Cross Device Tracking

The HeatMap™ Tool does not track Customer Website Users across various devices, including personal computer and mobile device.

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Aggregate Data

HeatMap™ will not transfer and/or sell anonymous aggregate or group data about Customer Website Users, including Tracked Reporting data in an anonymized format, for lawful purposes.  Aggregate or group data is data that describes the demographics, usage and other characteristics of Customer Website Users as a group, without disclosing personally identifiable information.

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Ad Platform & ESP (Email Service Provider) Integration Data

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HeatMap™ offers integrations with several ad platforms and ESPs (Email Service Providers), such as Google, TikTok, Meta, Klayvio, and others. The purpose of collecting this data is to give Customer a more granular understanding of how users are interacting with Customer Websites through heatmaps and screen recordings.

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The data collected from Google and other integration are as follows:

• Ad account ID
• Ad account Name
• Ad Campaign Name, Type, and ID
• Ad Campaign Status
• Ad ID
• Ad Name
• Visual Ad creative, whether text, video, or image
• Ad metrics such as Total Cost, Cost Per Conversion, Click-Through Rate, Impressions, Conversions, and Cost Per Click

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The data is not shared outside the Heatmap™ platform and will not be transferred/sold to any third party. The data collected from these integrations is stored for the lifetime of the contract with Customer. When a user cancels their subscription to Heatmap™ or a contract is terminated, the data stored during the duration of the contract will be deleted. Data is stored server-side in the Heatmap™ application and is not accessible to Customer directly. All Customer Website User data is encrypted before storage in the Heatmap™ application.

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We do not collect personally identifiable information from Customer Website Users and, as such, we are unable to process requests to modify or update Customer Website User personal information. At your request, we will remove Tracked Reporting associated with you that we have collected via the HeatMap™ Tool as embedded on the Customer Websites (unless an exception exists under applicable law). You may make such a request by e-mailing us at: support@heatmap.com.  We ask individual Customer Website Users to identify themselves.

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Security

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We do not collect personally identifiable information from Customer Website Users.  We endeavor to safeguard and protect Tracked Reporting data.  The Tracked Reporting data is protected both online and offline (to the extent that we maintain any Tracked Reporting data offline).    

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Access to Tracked Reporting data is strictly limited, and we take reasonable measures to ensure that Tracked Reporting data is not accessible to the public.  All Tracked Reporting data is restricted in our offices, as well as the offices of our third-party service providers.  Only employees or third-party agents who need Tracked Reporting data to perform a specific job are granted access to Tracked Reporting data.  Our employees are dedicated to ensuring the security and privacy of all Tracked Reporting data.  Employees not adhering to our firm policies are subject to disciplinary action.  The servers that we store Tracked Reporting data on are kept in a secure physical environment.  We also have security measures in place to protect the loss, misuse and alteration of Tracked Reporting data under our control.  

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Please be advised, however, that while we take every reasonable precaution available to protect Tracked Reporting data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure.  Computer hackers that circumvent our security measures may gain access to certain portions of Tracked Reporting data, and technological bugs, errors and glitches may cause inadvertent disclosures of Tracked Reporting data; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law.  For the reasons mentioned above, we cannot warrant that your Tracked Reporting data will be absolutely secure.  

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In compliance with applicable laws, we shall notify you (where possible) and any applicable regulatory agencies in the event that we learn of an information security breach with respect to any Personal Data.  You will be notified via e-mail in the event of such a breach.  Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

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Transfer of Data Internationally

If you are visiting a Customer Website from a country other than the country in which the applicable HeatMap™ Customer’s servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting that Customer Website and/or otherwise communicating electronically with a HeatMap™ Customer, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this HeatMap™ Tool Privacy Policy.

Individual Rights: Deleting, Modifying and Updating Your Personal Information

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We do not collect personally identifiable information from Customer Website Users and, as such, we are unable to process requests to modify or update Customer Website User personal information. At your request, we will remove Tracked Reporting associated with you that we have collected via the HeatMap™ Tool as embedded on the Customer Websites (unless an exception exists under applicable law). You may make such a request by e-mailing us at: support@heatmap.com.  We ask individual Customer Website Users to identify themselves.

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Please be advised that after we delete your Tracked Reporting, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

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Changes to this HeatMap™ Tool Privacy Policy

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HeatMap™ reserves the right to change or update this HeatMap™ Tool Privacy Policy at any time by posting a notice on the Site that we are changing our HeatMap™ Tool Privacy Policy.  If the manner in which we use personal data changes, HeatMap™ will notify Customer Website Users by any reasonable means acceptable under applicable law.    

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Contact Us

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If you have any questions about this HeatMap™ Tool Privacy Policy or our privacy practices in general, you may call us at: 516-780-1721; email us as at: support@heatmap.com; or send us U.S. Mail to: HeatMap, Inc., 24970 Greengage Pl., Aldie, VA 20105.

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