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Privacy Policy

Last Updated: 12/11/2024

This privacy policy (“Privacy Policy”) for HeroGeneration (“we,” “us,” “our,” or “HeroGeneration”) describes how and why we collect, use, store and share (“process” or “processing”) your information when you visit our website or use HeroGeneration or our services (“Services”) and the choices you may have regarding our processing of your information. Capitalized Terms used by not defined herein, have the meanings set forth in the HeroGeneration Terms and Conditions of Use. Reading this Privacy Policy will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. We may update and make changes to this Privacy Policy, so we encourage you to review it periodically.

Personal information covered by this Privacy Policy does not include publicly available information or information by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data or personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

1. INFORMATION WE COLLECT.

We receive several types of information about you from various sources, including information and content that you give us, automatically collected information, and information from other sources.

Information you give us

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

  • names;
  • age;
  • sex and/or gender;
  • mail or physical addresses;
  • email addresses;
  • usernames;
  • passwords;
  • contact or authentication data;
  • health insurance policy information, including policy numbers;
  • medical information;
  • disabilities;
  • education, professional, or employment information;
  • legal documentation, including powers of attorney, advanced healthcare directives, wills; and
  • online identifiers (e.g., IP address, cookie identifiers).

When necessary, with your consent or as otherwise permitted by applicable law, we process consumer health data. For additional information regarding our processing of consumer health data please see our Consumer Health Data Privacy Policy.

We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is handled and stored by Stripe. You may find their privacy notice here.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

We automatically collect certain information when you visit, use, or navigate the Services. This information generally does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
  • Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.

We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites.

For example, we may share your information with Google Analytics or Meta to track and analyze the use of the Services. To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google or Meta, please visit their respective privacy policies and terms of use.

Information collected from other sources

To enhance our ability to provide relevant marketing, offers, and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, and from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs, and custom profiles, for purposes of targeted advertising and event promotion.

2. HOW WE PROCESS YOUR INFORMATION.

We may process your personal information in a variety of ways depending on how you use and interact with the Services, including, but not limited to:

  • to facilitate account creation, authentication and otherwise manage user accounts;
  • to provide you with the requested Service;
  • to respond to your inquiries and solve any potential issues you might have with the requested Service;
  • to send you details about the Services, confirm payments/subscriptions, updates to our terms and policies, and other similar information;
  • to enable user-to-user communications if you choose to use any of the Services that allow for communication with another user;
  • to request feedback and to contact you about your use of our Services;
  • to keep our Services safe and secure, including to detect, prevent or investigate security breaches and for fraud monitoring and prevention;
  • to fulfill the purpose for which you provide such information, or fulfill any other purpose disclosed by us when you provide the information;
  • to evaluate and improve our Services, products, marketing, and your experience;
  • to better understand how the Services are being used so we can improve them;
  • to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights;
  • to maintain appropriate records for internal administrative purposes, including as required by or relating to audits, inquiries, or investigations by regulatory bodies; and
  • for any other purpose with your consent.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

3. WHEN AND WITH WHOM WE SHARE YOUR PERSONAL INFORMATION.

Business purposes

We may share your personal information by disclosing it to a third party for a business purpose (“Business Purpose Disclosure”). We only make these Business Purpose Disclosures under written contracts that describe the specific purposes, require the recipient to keep your personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding 12 months, we have not disclosed personal information in a Business Purpose Disclosure.

Business Purpose Disclosures may include, but are not limited to, the following circumstances:

  • When we work with service providers. We may make Business Purpose Disclosures to service providers, professional advisors, contractors, and other third parties that provide us with support services, such as payment processing (including Stripe), website hosting, information technology, sales, email and postal delivery, location mapping, product and service delivery (including OpenAI), or analytics services, 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.
  • When we become involved in a sale or transfer of the company. We may make Business Purpose Disclosures if we become involved with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the company’s assets (whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding), to business entities or people involved in the negotiation or transfer.
  • When we are required by law. We may make Business Purpose Disclosures to comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To help protect lawful interests. We may make Business Purpose Disclosures if we believe disclosure will help us protect the rights, property, or safety of HeroGeneration, our users, partners, agents, and others. This includes exchanging information with other companies and organizations for fraud protection, and spam and malware prevention.
  • To fulfill the purpose for that information or with your consent. We may make Business Purpose Disclosures to fulfill the purpose for which you provide the information, for any other purpose disclosed by us when you provide the information, or with your consent.

Other Users

When you share personal information (for example, by posting comments, contributions, or other content to the Services) or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly made available outside the Services in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services, and view your profile. You should exercise caution when providing personal information in interactive areas of the Services, including in direct messaging or when using the chat function.

We have not in the last 12 months nor do we intend to sell the personal information of our users.

4. USE OF AI TECHNOLOGIES.

As part of our Services, we offer certain products, features, or tools powered by artificial intelligence, machine learning, or similar technologies (collectively, "AI Products"). These tools are designed to enhance your experience and provide you with innovative solutions. We provide the AI Products through third-party service providers ("AI Service Providers"), including OpenAI. As outlined in this Privacy Policy, your input, output, and personal information will be shared with and processed by these AI Service Providers to enable your use of our AI Products for purposes outlined in "When and With Whom We Share Your Personal Information." You must not use the AI Products in any way that violates the terms or policies of any AI Service Provider. All personal information processed using our AI Products is handled in line with our Privacy Policy and our agreement with third parties. Nevertheless, you should exercise caution when interacting with AI Products and should not share sensitive personal information, such as your or your LovedOne’s name, contact information, financial or insurance information.

5. HOW LONG WE KEEP YOUR INFORMATION.

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. In addition, given the nature of sharing on the Services, some of the content and information related to your account, such as Contributions you make to chats, message boards, online forums, or direct messaging prior to deletion will remain accessible to the other users and stored on our servers.

6. HOW WE KEEP YOUR INFORMATION SAFE.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. 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 the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology is guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. INFORMATION FROM MINORS.

We do not knowingly collect data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at hello@herogeneration.co.

8. YOUR RIGHTS AND CHOICES.

Depending on your country, province, or state of residence, you may review, change, or terminate your account at any time.

Right to know

You have the right to know what personal information a business has collected about you, including:

  • the categories of personal information we have collected;
  • the categories of sources from which the personal information is collected;
  • the business or commercial purpose for collecting, selling, or sharing personal information;
  • the categories of third parties to whom we disclose personal information; and
  • the specific pieces of personal information we have collected about you.

Right to delete

You have the right to request that we delete personal information that we have collected from you with certain exceptions, including where the information is necessary to complete our transaction with you. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • debug products to identify and repair errors that impair existing intended functionality;
  • exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
  • engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
  • enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  • comply with a legal obligation; or
  • make other internal and lawful uses of that information that are compatible with the context in which you provided it.

In addition, given the nature of sharing on the Services, some of the content and information related to your account, such as Contributions you make to chats, message boards, online forums, or direct messaging prior to deletion will remain accessible to the other users and stored on our servers. As such, we encourage you to not share personal information via any of these functions or features of the Services. We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to correct inaccurate personal information

You have the right to correct inaccurate personal information that we maintain about you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.

Right to opt-out of the sale or sharing of your personal information

You have the right to opt-out of the sale or sharing of your personal information.

Right to limit the use or disclosure of your sensitive personal information

You have the right to limit the use or disclosure of your sensitive personal information for reasons other than those set forth herein.

Right not to receive discriminatory treatment

You have the right not to receive discriminatory treatment for exercising any of these rights.

Depending upon the state where you live, you may also have the following rights:

  • Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including California's privacy law); or
  • Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California’s privacy law).

How to exercise your rights

You can submit a request to exercise your rights to access, correct, or delete your personal information by sending an email to hello@herogeneration.co. Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws.

  • Verification of Your Identity. We will need your contact information, and may ask for your name, address, phone number, or email, to verify your identity for access, correction, or deletion requests. Our verification process may also include asking you to log into your account and complete a one-time passcode validation, asking you to answer a few questions about yourself to help us verify your identity, and using a third-party identification service to assist us. We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person's behalf. Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.
  • If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.
  • Appeals. Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at hello@herogeneration.co. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decision. If your appeal is denied, you may submit a complaint to your state attorney general.

California "Shine The Light" Law

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year.

9. CONTROLS FOR DO-NOT-TRACK FEATURES.

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

10. CHANGES TO OUR PRIVACY POLICY.

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post a notice to our website that we have done so. The updated version will be indicated by an updated "Last Updated" date at the top of this Privacy Policy. Your continued use of our website or the Services following the posting of changes constitutes your acceptance of such changes.

11. CONTACT US.

For questions or concerns about this Privacy Policy and our information practices, please contact us at hello@herogeneration.co.