The Business Project, LLC DBA Tell Her I Love Her (tellheriloveher.com)
The types of information we collect that identify you or relate to you as an individual (“Personal Information”) may include things such as the following:
a. Name, mailing address, telephone number, e-mail address, date of birth, username and password (for account administration), when you supply this information voluntarily.
b. Device ID, including IP address, which are automatically collected and, while they don’t identify you as an individual, do identify a particular computer.
c. Geolocation (if you are using a mobile application and you consent to this function);
d. Financial account information and other payment information (that you submit to us for order processing).
e. Additional Personal Information you may submit as necessary for the administration of particular promotional events, such as sweepstakes or contests.
Other types of data may also be collected periodically, such as:
a. Type of browser and operating system, mobile application usage data, and aggregated information such as “click stream” information which means entry and exit points (including referring URLs or domains), traffic statistics, page views, and impressions, all of which are collected automatically.
b. Demographic information you choose to submit and which we may combine on an anonymous basis with similar information from other users.
These types of information do not generally identify or relate to you as an individual, and we will not seek to associate these types of information with you as an individual. Please understand, however, that others might seek to do so and we cannot guarantee that parties with whom we may share such information might not succeed in re-identifying or associating non-personal information with particular individuals.
HOW WE USE PERSONAL INFORMATION
In order to provide you with the Website, Company may share your Personal Information with certain authorized third parties (“Authorized Third Parties”) who are authorized to act on behalf of the Company in connection with the Website. Company’s agreements with any such Authorized Third Parties states that they will not use any Personal Information received from Company for any purpose other than performing services on Company’s behalf.
Certain features of the Website may allow you to provide Personal Information to others, and any such Personal Information so provided to others may not be under Company’s control.
Company may transfer Personal Information as an asset in connection with a proposed or actual merger of the Company (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of Company’s business or as part of a corporate reorganization or other change in control of the Company.
COOKIES, WEB BEACONS, AND ONLINE ADVERTISING
What Are Cookies?
Company and its agents use small text files called cookies, (collectively, “Cookies”). Cookies are small pieces of data that we and our agents place in your computer’s browser to store your preferences. Cookies are not themselves personally identifiable, but may be linked to Personal Information that you provide to us through your online interaction with us. A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value, usually a randomly generated unique number.
Your Control of Cookies
Web browsers allow some control of most Cookies through the browser settings. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Please understand, however, if you disable Cookies, some features of the Online Services may not work as well (or at all) for you.
An IP address is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP address stays the same from browser session to browser session, but if you use a consumer Internet access provider, your IP address probably varies from session to session.
DISCLOSURE OF PERSONAL INFORMATION
Company will not use, sell, transfer, or otherwise disclose your information without your consent, except as follows:
To Perform Services For You
We may disclose your Personal Information to Authorized Third Parties to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services necessary to the Online Services and services you request.
Compliance with Law
We may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliated companies; (6) to protect the rights, privacy, safety or property of The DBA Tell Her I Love Her (tellheriloveher.com) LLC or others ; and (7) to enforce our terms and conditions.
Use or Sharing of Non-Personal Information
Non-personal information may be used for any purpose not prohibited by law. For example, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all information that does not identify an individual (or that has been modified to remove individual identification).
Company may use aggregated Non-Personal Information in order to improve the Website and for administrative purposes. Non-Personal Information that Company collects about you may be combined by Company with other information available to us through third parties for administrative, research, and measurement purposes, including improvement of the Website and other services offered by Company. This information from other sources may include age, gender, demographic, geographic, or other information. Company may also use or share any such aggregated information that does not contain Personal Information with third parties for any purpose.
EMAILS YOU SEND TO COMPANY
Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” any of our users who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or corporate affiliates for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties and affiliates with which information was shared. If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address: The Business Project, LLC, DBA Tell Her I Love Her, 1640 Tigertail Ave. Miami, FL. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty days for a response.
Company does not solicit any Personal Information from children, and no part of the Website is directed to children younger than 13 years old, unless otherwise explicitly specified on such webpage. If Company learns that Company has collected Personal Information of a child younger 13 years old, Company will take steps to delete such information from Company’s files as soon as possible. If you are a child younger than 13 years old, you should not submit any Personal Information to Company, through any feature of the Website or otherwise. Parents should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from submitting information online without parental permission or from accessing certain material on the Internet.
Company is committed to protecting the information Company receives from you. Company follows commercially reasonable technical and management practices to help protect the confidentiality, security, and integrity of data stored on Company’s system. While no computer system is completely secure, Company believes the measures Company has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
Company use security measures to protect against loss or misuse of your information (including Personal Information) and to keep it secure. Additionally, only authorized employees and third parties who need access to your information in order to perform their duties are allowed such access.
Retention of Information
Company will retain your Personal Information as long as needed to provide the Website to users and Company’s other business purposes, but Company does not guarantee that Company will retain your Personal Information for any specific period of time, except as may be required under certain applicable laws. Company will also retain your Personal Information as necessary to comply with legal obligations, resolve disputes, and enforce Company’s agreements.
Following termination or deactivation of any user account you may create, unless you request that your information be deleted by contacting us, we may retain your information for back-up, archival, legal and audit purposes, and to reactivate your account upon your request. In addition, we may retain and continue to use indefinitely all information contained in your communications to other users of the Online Services posted to public or semi-public areas of the Online Services after termination or deactivation of your user account.
At any time, you can request removal of your Personal Information or instruct Company to remove it. To do so, please contact firstname.lastname@example.org, but you should be aware that it may not be reasonably possible to remove each and every record of the information you have provided to Company from Company’s servers.
Managing Your Account Information and Communications Preferences
Changes and Updates
The Website may contain links to other websites. We are not responsible for the privacy practices or the content of other websites. We encourage you to read the privacy policies of such websites prior to submitting your personal information.
[GT1]The “Security” section below and “Compliance with Law” above are more comprehensive.
Digital Millennium Copyright Act (DMCA)
The Business Project, LLC DBA Tell Her I Love Her ("Company") is committed to complying with U.S. copyright and related laws, and requires that you comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. A copyright owner of any Content believed to be infringed should contact Company immediately to report any concerns of infringement by providing notice to Company’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. Such notice must be provided by email to Company at the following address, email@example.com, but you may also simultaneously send such notice to Company via mail at the following address: The Business Project, LLC DBA Tell Her I Love Her, attn.: Designated Copyright Agent, 40 Exchange Pl., Suite 1900, New York, NY 10005. Such notice must include, at a minimum:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) the identification of the copyrighted work claimed to have been infringed;
(c) the identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an e-mail address;
(e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For clarity, only DMCA notices should go to the Designated Copyright Agent; any other general communications should be directed to Company at: firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your Content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a DMCA counter-notice to Company’s Designated Copyright Agent containing the following information:
(i) your physical or electronic signature;
(ii) the identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) a statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content, and any relevant proof related to the same; and
(iv) your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Davidson County, Tennessee, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Company’s Copyright Agent, Company is permitted to and may send a copy of the counter-notice to the original complaining party informing that person or entity that the removed content may be replaced or no longer disabled in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user in the next 14 business days after receipt of the counter notice, the removed content may be replaced, or access to it restored, in Company’s sole discretion.