Privacy Policy

Last updated: December 20, 2022

This Privacy Policy (the “Policy”) describes how your personal information is collected, used, and shared when you visit, use, make a purchase, or effect a transaction (as applicable) from the Heir Labs, Inc. (“Heir Labs”) website at www.heir.app and all subdomains, subscription platform, mobile application(s), and services offered  by Heir Labs through all of these (collectively, the “Site”), unless otherwise specified.

This policy is incorporated into the Terms of Service (the “Terms”) that govern your use of the Site. Any capitalized terms not defined in this Privacy Policy will have the definitions provided in the Terms. By using the Site, you consent to the practices described in this Policy.

Please note that this Policy does not apply to: 

• information collected by us offline or through any other means, including on any other website that we operate or any third party (including our affiliates and subsidiaries); or 

• information collected by any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

• “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
• “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
• “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

We also collect certain information about you when you register with us, or when you make a purchase or attempt to make a purchase through the Site.  This information includes your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”

We also collect certain information about you when you link your Heir Labs account to a third-party blockchain wallet, which we refer to as the “Crypto Wallet”. Currently, we use FortressMint, LLC, also referred to as “FortressMint”, as our Crypto Wallet provider. Before you can link your Crypto Wallet to your Heir Labs account, we will ask for your name, email address, and phone number. This information is referred to as “Identity Information”. This Identity Information is shared with FortressMint so that FortressMint may conduct its internal identity verification procedures prior to linking your Heir Labs account with its Crypto Wallet. You can read more about how FortressMint uses your Identity Information at https://fortress.app/privacy-policy/. Please note that FortressMint is solely responsible for its internal identity verification procedures, and Heir Labs has no control over such procedures.

When we talk about “Personal Information” in this Privacy Policy, we are talking about Device Information, Identity Information and Order Information.

By using the Site, creating an account, or providing us with Personal Information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you are giving us your consent to collecting and using your Personal Information to complete the transaction, and for all of the other purposes described in this Policy. 

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use, store, and process the Personal Information that we collect to provide and improve our Site and services, and to offer a secure, safe, and trusted experience.  For example, we may use your Personal Information:

• to create an account on, login to, or interact with the Site;
• to make a purchase through the Site;
• to process and fulfill any transactions and/or orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations); 
• to protect against or deter fraudulent, illegal, or harmful conduct;
• to provide you with information and other services that you may request from us;
• to provide you with notice about your account;
• to carry out our obligations and enforce our rights arising from any contracts or agreements entered into between you and us;
• to notify you about changes to our Site or any products or services we offer;
• to improve and optimize the Site and our services; 
• to allow you to participate in interactive features on the Site;
• to respond to correspondence we receive from you, and providing customer service;
• to resolve disputes;
• in any other way that we may describe at the time we provide the information (for instance, in connection with a contest or promotion); 
• for any other purpose, with your consent;
• to allow our Crypto Wallet provider to conduct its identity verification procedures;
• to comply with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law; and
• as necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.

We may also use your Personal Information to contact you about our own and third parties' goods and services that may be of interest to you.  If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences.  If you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We will keep your Personal Information only for as long as necessary to provide you with the Services, maintain our legitimate business operations, and/or exercise, defend or establish our rights. The precise length of time that we retain your Personal Information depends on why we collected it and how we use it, but we will not retain your Personal Information for longer than necessary for our business purposes or for legal requirements.  We may retain Order Information indefinitely.  We will retain information about you that is connected with your account or our services for as long as you have an active account with us. We will take reasonable measures to delete this Personal Information if you delete/deactivate your account. However, you acknowledge that we may retain some information after you have deactivated, or we have deleted, your account if we reasonably believe that it is necessary to enable us to meet our legal obligations or to exercise, defend, or establish our rights, or if we have another legitimate basis for doing so.

DISCLOSING YOUR PERSONAL INFORMATION

Note that we may de-identify personal information so that it is non-personal, such as by aggregating it or converting it to a code, sometimes using a function known as a “hash.” We will treat de-identified information as non-personal to the fullest extent permitted by applicable law.

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we currently use Moonpay to facilitate fiat-currency-based cryptocurrency transactions on the Site. You can read more about how Moonpay uses your Personal Information at https://www.moonpay.com/legal/privacy_policy. We also currently use the following third party services for the following purposes:

We may disclose Personal Information that we collect or you provide, as well as information that you provide to us about third -parties, as described in this Policy:

• to our subsidiaries and affiliates;
• to service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Heir Labs’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred;
• to third parties who are not affiliated companies to market their products or services to you if you have not opted out of these disclosures.  We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.  For more information, see Your Choices About How We Use and Disclose Your Information below;
• to fulfill the purpose for which you provide it; 
• for any other purpose disclosed by us when you provide the information; and
• with your consent.

Please note that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.  As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

We may also disclose your Personal Information:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms and other agreements we may have with you; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Heir Labs Inc., our customers, or others.  This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Telephone Consumer Protection Act (TCPA) Compliance. If you provide a phone number with your contact information, Heir Labs Inc. and/or third-parties specified above may dial your phone number, possibly using an autodialer, to provide information about an order and/or seek additional information in order to fulfill an order. By providing a phone number, you agree to be contacted at that phone number, regardless of whether you, or someone else, is in possession of the phone when contact is made. Entering into this agreement is not a condition of purchasing any goods or services. 

Once you leave our Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms.

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by visiting the following sites:

FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the Personal Information that you provide to us and that we collect.  We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.
• Promotional Offers. Disclosure of Your Information for Third-Party Advertising. If you do not wish for us to use your Personal Information to promote our own or third parties' products or services or otherwise share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to privacy@heir.app. If we have sent you a promotional email, you can use the “Unsubscribe” link in the email to opt-out of such communications.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to privacy@heir.app.

In addition, you can review and change some of your Personal Information by logging into the Site and visiting your account profile page. 

You may also send us an email at privacy@heir.app to request access to, correct or delete any Personal Information that you have provided to us.  We may need to delete your user account if you request that we delete some particular Personal Information.  We may not accommodate a request to change or delete Personal information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.  For instance, we are not able to change or delete Order Information. 

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights below for more information.

DATA SECURITY

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.  All information you provide to us is stored on our secure servers behind firewalls and will be encrypted using SSL technology.  

The safety and security of your information also depends on you.  Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential.  We ask you not to share your password with anyone.  

Unfortunately, the transmission of information via the internet is not completely secure.  Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Site.  Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures. 

RIGHTS OF EUROPEAN UNION RESIDENTS

If you are a European Union resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European Union resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States. Any use of the Site and Services shall be subject to the laws of the State of California.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.  To learn more about your California privacy rights, click here.

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MINORS
Our Site is intended for a general audience and not for use by anyone younger than the age of 13 in the United States (or under the applicable legal age outside of the United States). We do not knowingly collect personal information from children younger than the age of 13 (or under the applicable legal age outside of the United States), without the consent of a parent or legal guardian; if we learn that we have done so, we will promptly remove the information from our active databases. If you are a parent or legal guardian who believes that we have collected or used your child’s personal information without your consent, please contact us; see Contact Us.

CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. It is our practice to post any changes we make to our Policy on this page with a notice that the Policy has been updated on the Site home page. If we make material changes to how we treat Personal Information, we will notify you by email to the primary email address specified in your account or through a notice on the Site home page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Policy to check for any changes.

CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at privacy@heir.app

Your Rights Under the California Consumer Privacy Act

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“California Privacy Notice”) supplements Heir Labs’ Privacy Policy (“Privacy Policy), and any capitalized terms not defined in this California Privacy Notice will have the definitions provided in the Privacy Policy. Heir Labs has adopted this notice to comply with the California Consumer Privacy Act (“CCPA”) and other California privacy laws.  It applies only to users of the Site who are California consumers, as defined in the CCPA.  Any terms defined in the CCPA have the same meaning when used in this California Privacy Notice.  

Please note that Heir Labs has not sold and does not sell your personal information, as those terms are defined in the CCPA.  

Notice of information we collect
Heir Labs collects personal information through the Site.  All of the categories of personal information that we collect about you (as set out in the table below) come from the following sources:

• You, including through your use of the Site
• Your computer or other device, automatically, when you interact with the Site 
• Third parties, such as service providers

In particular, within the last twelve (12) months our Site has collected and/or will collect the following categories of personal information from California consumers:

If you are a California consumer, you have the right to request that Heir Labs disclose to you:

1. the categories of personal information that we collected about you and the categories of sources from which we collected such information; 
2. the specific pieces of personal information we collected about you; 
3. the business or commercial purpose for collecting personal information about you; and 
4. the categories of personal information about you that we shared or disclosed and the categories of third parties with whom we shared or to whom we disclosed such information in the preceding 12 months. 

California consumers also have the right to request that we delete personal information we collected from you, subject to certain exceptions.  

To make such a request, contact us at privacy@heir.app  and indicate in the subject line of your message that you are making a CCPA request.  You may be required to submit proof of your identity for these requests to be processed as a verifiable consumer request. We may not be able to comply with your request if we are unable to confirm your identity or to connect the information you submit in your request with personal information in our possession. You may designate an authorized agent to make a request on your behalf, subject to proof of identity and authorization.

We will respond to your request consistent with the CCPA, which does not apply to certain information, such as information made available from government records, certain data subject to the Fair Credit Reporting Act (FCRA), Gramm-Leach-Bliley Act (GLBA) and certain other laws.  Please note that we are only required to respond to two such requests per consumer each year.

You also have the right to not be discriminated against in pricing and services because you exercise any of your rights under the CCPA. Heir Labs does not offer financial incentives or price or service differences to consumers in exchange for the retention or sale of a consumer’s personal information.

Heir Labs may update its CCPA policies and practices from time to time. Any changes will be posted on this website at www.heir.app/privacy-policy with an updated revision date.

Other State Law Privacy Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@heir.app.

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@heir.app with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.