Privacy Policy

Hero Digital understands your concerns about privacy and your interest in knowing how your information is used and safeguarded, and so we have created this Privacy Policy (the “Privacy Policy”) to provide you with more information on these topics. This Privacy Policy describes the practices and policies for our website located at www.herodigital.com, (the “Website”). This Website is owned and operated by Hero Digital, LLC (hereinafter referred to as “Hero Digital,” or “we” or “us”). Please note that this Privacy Policy applies only to the information that we collect online on our Website, and does not apply to any of our other data-collection practices, conducted either online or offline. By visiting this Website, you are accepting the practices and policies described in this Privacy Policy, and you are further indicating that you agree to be bound by the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not visit this Website. We may update this Privacy Policy from time to time, so please check this Privacy Policy periodically for changes. The date this Privacy Policy was last updated is stated at the end of this document.

Summary

The notifications provided by this Privacy Policy include:

• What personally identifiable information we collect from you through the Website.
• How we use the information we collect.
• With whom the information may be shared.
• The kind of procedures we employ in an effort to hinder the unauthorized access, use or disclosure of information you provide to us.
• Information related to third-party websites.
• The laws that apply to those accessing our Website from outside of the United States.
• How you can learn about changes to our privacy policies, practices and procedures.

The Information We Collect

Personal Information You Provide And How It Is Used

You may freely visit our Website anonymously and without being required to provide us with any personal information. However, certain requests do require that you provide us with some personally identifying information as more particularly described below. Personal information is data that can be used to identify or contact you. Please do not send confidential information to us directly through this Website, or by email to any of the contact links on this Website.

Contact Forms

The Website provides a variety of forms that can be used to contact us, request additional information or content, register for an event or signup for our blogs. These forms will collect your name and email address, and any other personal information that you provide to us.

“Insights” Newsletter

If you opt to signup for our email newsletter, you will be asked to provide us with your name and email address, which we will use to periodically send you the newsletter.

Job Opportunities

The Website may post job opportunities with Hero Digital. If you opt to be considered for any such opportunity, you will be asked to submit an online application. The application will require that you provide us with certain personally identifying information – such as your name and email address; you will also be asked to provide us your resume and cover letter, and you may opt to share your LinkedIn profile link, all of which will likely contain a variety of additional personally identifiable information.

Non-Personal Information We Collect by Automated Means And How We Use It

We may collect certain non-personal information (data in a form that does not support direct association with any specific person or individual) by automated means when you visit the Website. Much of this information, when collected, will be through the use of third-party tracking services, which includes Google Analytics. The information collected may include usage information, such as the numbers and frequency of users to the Website, pages visited, web browsing histories, your location and device, social networking activities and similar data. When gathered, this data is used in the aggregate, and not in a manner that is intended to identify you personally. This type of aggregate information may be shared with third parties at any time, including with third party marketers with whom we may work. In addition to Google Analytics, we may also collect information through various other means, including “cookies,” “web beacons” and IP addresses, as further explained below. We also may use “ad pixels” and/or “trackers” (tracking pixels) that follows and tracks your activities from an ad placement to specific website use/activities.

Cookies

A cookie is a piece of information that a web server may place on your computer when you visit a Websites. Cookies are commonly used by websites to improve the user experience. Many cookies last only through a single Websites session, or visit. Others may have an expiration date, or may remain on your computer until you delete them. We may use cookies for a variety of purposes, including to gather data about the usage of our Websites for research and other purposes.

Cookies may also be used for “retargeting.” Retargeting is a cookie-based technology that uses specific code to anonymously “follow” or track previous visitors to our Website after they leave, and allows us to target advertisements to those previous visitors as they visit other websites. As such, when you visit our Website we may “activate” an anonymous browser cookie.

Web Beacons

Our Websites may contain “web beacons” (also know as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party.

IP Addresses

When you visit and interact with the Website, third parties with whom we have contracted to provide services for us may collect Internet Protocol addresses (each an “IP Address”), as well as browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and page navigation. An IP Address is a unique identifier number that certain electronic devices use to identify and to communicate with each other on the Internet; your Internet Service Provider automatically assigns an IP Address to the computer that you are using. We gather this information to track Website visitor movement in the aggregate, and to gather broad demographic information for aggregate use. Our goal in gathering this information is to learn how visitors are using our Website. We may use this information to enhance our Website or for other lawful purposes.

How We May Share Your Information

We may disclose all of the information (described herein) that we collect, as stated in this Privacy Policy including in accordance with the terms set forth in this section. Hero Digital works with a variety of third-party partners in order to allow us to make the Website available to you, to host and store the information we collect from you, and to provide certain functionality and features. Except as stated in this Privacy Policy, we do not reveal personally identifiable information about you to third parties for their independent use unless: (1) you expressly authorize Hero Digital to do so, (2) it is necessary to allow Hero Digital and its service providers or agents to provide services on Hero Digital’s behalf, (3) it is disclosed to entities that perform marketing or data aggregation services for Hero Digital, (4) it is necessary in connection with a sale of all or substantially all of the assets of Hero Digital or the merger of Hero Digital into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which Hero Digital is not the survivor, (6) Hero Digital is required or permitted to do so for any or all of the following reasons: (i) to comply with a subpoena, legal process, government request or any other legal obligation, (ii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of the Website or our network, and/or (iii) to protect the rights, privacy, property, business, or safety of Hero Digital, its partners and employees or the visitors to the Website.

Children’s Privacy/Note to Parents

This Website does not intentionally or knowingly collect, use, or disclose personally identifiable information about visitors to our Website that are less than 13 years of age. If a child under the age of 16 submits information to us through any part of the Website and Hero Digital becomes aware that the user submitting the information is under the age of 16, the information provided will be deleted as soon as it is discovered and not used for any purpose. If you are the parent or guardian of a child under 13 years of age and believe that they have disclosed personally identifiable information to us, please contact us at info@herodigital.com or call us at 415-230-0724.

Third Party Websites

We also provide links to a variety of third-party social media sites and/or websites – including Facebook, LinkedIn and Twitter – as a service to you, and in order to provide you i) additional information and/or content related Hero Digital, or ii) additional venues in which you can learn about and discuss the activities of Hero Digital. Please note that we have no affiliation with any of these other parties and/or websites, and cannot control and are not responsible for the information collection, use, and disclosure practices of such third parties; we encourage you to review and understand their privacy practices and policies, if any, before using or providing any personally identifying information to them. We are not responsible for the content or information of these websites, or any other use of the linked website.

How We Attempt to Safeguard Your Information

We maintain – and ask that any third-party partners who may store information on our behalf to maintain – administrative, technical and physical safeguards for the Website designed to protect your personal information against theft, loss, misuse or unauthorized access, disclosure, alteration or destruction of the personal information that we collect from you. We restrict access to personal information collected about you on the Website to our employees, our affiliates’ employees, those who are otherwise specified in this Privacy Policy, or others who need to know such information to provide services to you or in the course of conducting our business operations or activities. However, no website, application, or transmission can guarantee security. Thus, while we have established and maintain what we believe to be reasonable procedures to protect the confidentiality, security, and integrity of personally identifying information obtained through the Website and we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us. You are responsible for the personal information you choose to submit in these instances, and understand, acknowledge, and agree that you transmit certain personal information over this Website at your own risk.

Use of the Website from Outside the United States

We do not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular geographic location. If you choose to access our Website, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations applicable in your jurisdiction. Please note that the Website is hosted in the United States and is governed by United States law. If you are visiting the Website from outside the United States, please be aware that your information will be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Website, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

Privacy Questions and Contacting Us

If you have any questions or concerns about our Privacy Policy or data processing, please contact us at info@herodigital.com.

Changes to Our Privacy Policy

We reserve the right to revise this Privacy Policy at any time. Please check back regularly to see if there have been any changes to this policy, which you can determine by reviewing the Effective Date listed below. By continuing to use the Website after those changes become effective, you consent and agree to be bound by the revised Privacy Policy.

California Privacy Rights

If you are a CA Resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 (“CCPA”). This California Privacy Statement (“CA Privacy Statement”) supplements the information contained in the Hero Digital Privacy Policy above and applies solely to visitors, users, and others who reside in the State of California (“CA Resident(s)”, “you” or “your”). Any terms defined in the CCPA have the same meaning when used in this CA Privacy Statement.

Your Rights and Choices

The CCPA provides CA Residents with specific rights regarding their Personal Information. The CCPA defines Personal Information as any information that “identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household” (hereinafter, “PII”). This CA Privacy Statement describes your CCPA rights in relation to our use of your PII, and explains how to exercise those rights.

Right to Know/Access

As a California Resident, you have a right to know:

• The categories of PII we have collected, sold, or disclosed for business purposes about you;
• The categories of sources from which we collected your PII;
• The business or commercial purpose for collecting or sharing your PII;
• The categories of third parties with whom we have shared, sold, or disclosed for business purposes your PII; and
• The specific pieces of your PII we have collected.

Portability Rights

As part of your “right of access”, you have the right to request that we provide your PII to you. Once we receive and confirm your “verifiable consumer request” (as describe below) we will provide the PII we have collected and currently hold to you “in a portable and, to the extent technically feasible, in a readily usable format.

Right of Deletion

As a California Resident, you have a right to request that we delete the PII we have collected from or about you, subject to certain exceptions. Once we receive and confirm your verifiable request (as described below), we will delete (and ask our service providers to delete) your PII from our records, unless an exception applies.
Please note, we may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the PII, 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.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
7. Comply with a legal obligation.
8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Process To Submit A Request

To submit a verified request for your PII you may email us at contact_hero@herodigital.com. You may also designate an authorized agent to submit a request on your behalf by emailing us at contact_hero@herodigital.com.

Verification; Verification Method

Only you – or a person registered with the California Secretary of State that you authorize to act on your behalf – may make a verifiable consumer request related to your PII. You may also make a verifiable consumer request on behalf of your minor child. In order to ensure we do not inadvertently delete your PII based on a fraudulent request, we will verify your identity before we respond to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the PII requested to be deleted, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you. Please note you may only make a verifiable request for access (and data portability) twice within a 12-month period. To be considered a verifiable consumer request, you must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected PII or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with PII if we cannot verify your identity or authority to make the request and confirm the PII relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use PII provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your PII that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to Opt-Out

As a CA Resident, you have the right to opt-out of the sale of your PII to third parties. To exercise this right, please email us at contact_hero@herodigital.com.

Right of Non-Discrimination

You have a right to exercise your rights under the CCPA without suffering discrimination. Accordingly, we will not discriminate against you in any way if you choose to exercise your rights under the CCPA. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

California Minors

If you are a CA Resident under the age of 18, California Business and Professions Code § 22581 permits you to request and obtain removal of content or information you have publicly posted on our Website. To make such a request, please send an email with a detailed description of the specific content or information to contact_hero@herodigital.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and there may be circumstances in which the law does not require or allow removal even if requested.

Shine The Light

California Civil Code § 1798.83 permits you to request information regarding the disclosure of your PII by us to third parties for their direct marketing purposes. To make such a request, please send an email to contact_hero@herodigital.com. Please be sure to include “California – Shine The Light Request” in the subject line.

Information We Collect

As noted above, we do collect certain of your PII. In the table below we have indicated those categories of PII that we have collected from California Residents within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	May include: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	Yes
B. PII categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	May Include: Name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some PII included in this category may overlap with other categories.	Yes
C. Protected classification characteristics under California or federal law.	May Include: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	No
D. Commercial information.	May Include: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	No
E. Biometric information.	May Include: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	No
F. Internet or other similar network activity.	May include: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Yes
G. Geolocation data.	May include: Physical location or movements.	No
H. Sensory data.	May include: Audio, electronic, visual, thermal, olfactory, or similar information.	No
I. Professional or employment-related information.	May include: Current or past job history or performance evaluations.	No
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	May include: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No
K. Inferences drawn from other PII.	May Include: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	No

Please note that PII does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.

Hero Digital obtain the categories of PII listed above from the following categories of sources:

• Directly from you when you use our Website. For example, from forms you complete or products and services you purchase.
• Indirectly from you when you use our Website. For example, from tracking your actions on our Website (as further described in our Privacy Notice or through information we collect in the course of providing services).
• Directly and indirectly from activity when you use our Website.
• Directly from our clients/customers or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
• Indirectly from our clients/customers or their agents. For example, through information we collect from our clients in the course of providing services to them.

Use of PII

We may use or disclose the PII we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided.
• To provide you with information, products or services that you request from us.
• To provide you with content, and other notices, events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing.
• To improve our Website and present its contents to you.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your PII or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which PII held by us is among the assets transferred.

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

Sharing PII

We may disclose your PII to a third party for a business purpose. When we disclose PII for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that PII confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of PII for a business purpose:

Category A: Identifiers.
Category B: California Customer Records PII categories.
Category I: Professional or employment-related information.

We disclose your PII for a business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your PII in connection with products or services we provide to you.

Selling PII

In the preceding twelve (12) months, we have not shared or sold any PII.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your PII, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at contact_hero@herodigital.com.

Privacy Policy Effective Date

This Privacy Policy is effective as of October 21, 2019.