Privacy Policy

 
 

 

The Business Project, LLC DBA Tell Her I Love Her (tellheriloveher.com)

Privacy Policy

 

When you use any of The Business Project, LLC DBA Tell Her I Love Her (“Company”) online services (“Online Services”), including those offered at http://www.tellheriloveher.com (the “Website”), we may collect information about you and we may share some of all of that information with third parties in certain circumstances.   This privacy policy (“Privacy Policy”) will give you more details and information about such collection, use and sharing.  


Our business is located in the United States.  Our online privacy practices are governed by the laws of the United States and the State of Florida. By using any of the Online Services, you understand and agree that any information you submit or is gathered about you will be transmitted to and stored in the United States.   You further consent to the use and disclosure of that information accordance with applicable U.S. Federal and State laws and with this Privacy Policy.


This Privacy Policy may be updated and changed from time to time.  Please check periodically for changes.   Continued use of the Online Services after publication of changes indicates agreement to the new terms.  

 

PERSONAL INFORMATION

 

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.

 

You are responsible for ensuring the accuracy of the Personal Information that is submitted to Company. Inaccurate information will affect your experience when using the Website and Company’s ability to contact you as described in this Privacy Policy.

 

NON-PERSONAL INFORMATION   

 

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.

c.      Information collected through cookies, web beacons, pixel tags and other technologies described in more detail later in The Cookies section of this Privacy Policy.    

 

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

 

Company will not share or disclose your Personal Information to anyone except as described in this Privacy Policy. Company may use your Personal Information to personalize and improve the Website and your experiences using the Website, respond to inquiries and requests from you, and for administrative purposes.

 

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.

 

If you do not want Company to use your Personal Information as provided in this privacy policy, you should not use any specific page, feature, tool, or application of the Website that collects Personal Information, such as forms requesting Personal Information.

 

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.

 

At various times when you provide Company with Personal Information and/or when you use the Website, you will be given the option of providing Company with Personal Information in order to receive recurring informational or promotional newsletters via email from Company and/or directly from third parties (“Email Newsletters”). When you sign up for Email Newsletters, or at any time you use the Website thereafter, you can choose to opt out of receiving additional Email Newsletters from Company and/or third parties. You can unsubscribe from an Email Newsletter by following the directions included in the Email Newsletter. Company will take commercially reasonable steps to implement your opt-out and unsubscribe requests promptly, but you may still receive communications from Company for a brief amount of time as Company processes your request. Third parties may also use Cookies on their websites and software applications. The Company is not able to control any third party’s use of such technologies or how any third party manages the information gathered from such technologies. You should review the privacy policies of any such third party and make your own informed decision about whether or not to continue to share your information with such third party based upon their privacy practices.

 

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.


How We Use Cookies
We use Cookies so that we can improve your online experience – for example, by remembering you when you come back to visit us, and making the content you see more relevant to you. Cookies also enable us to track online purchases made through Company.


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.


Online Advertising
We use Cookies and other technologies, such as pixel tags, web beacons, and clear GIF files, to help manage our online advertising program.  These technologies may enable us (or third party advertising services we work with) to learn which advertisements bring users to the Online Services.   They also may enable us (or third-party advertising services we work with) to track the actions of users online over time and across different web sites or platforms to measure statistics of our marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience.  For information about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visit http://www.aboutads.info/choices.  

 

IP ADDRESS

 

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.

 

[GT1] 

 

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).  

 

Without limiting the foregoing, from time to time, Company may use Non-Personal Information to conduct online research surveys through email invitations, pop-up surveys, and online focus groups (together, “Surveys”) for our internal use. When participating in a Survey, Company may ask you to enter Personal Information. The Personal Information you submit in a Survey may be used by Company and/or Authorized Third Parties for research and measurement purposes, including to measure the effectiveness of content and features on the Website and/or other websites and other services offered by Company. When Company’s Surveys collect Personal Information, Company will not knowingly accept participants who are under the age of 13. Surveys conducted by or on behalf of Company will contain a link to this privacy policy. If your web browser is not enabled to accept Cookies, you may not be able to participate in some Surveys.

 

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

 

This Privacy Policy does not apply to documents, content, business information, ideas, concepts, inventions, or other materials, including, without limitation, any Submission as defined on the Terms (collectively, “User Materials”) that you send to Company via any means, including, without limitation, by email or other electronic communications or share with others. If you want to keep User Materials private or proprietary, do not send them to Company or share them with others.

 

 

California Residents

 

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.

 

Children

 

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.

 

Security

 

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 oshea.brian.f@gmail.com, 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

 

If you have any questions about this Privacy Policy or our privacy practices, please email us at oshea.brian.f@gmail.com.  Or you can contact us by mail at The Business Project, LLC, DBA Tell Her I Love Her, 1640 Tigertail Ave. Miami, FL 33133.  Additionally, you may access and update your Personal Information, user account settings, and your preferences to receive advertisements, Email Newsletters, Surveys, or other communications from Company by logging into the Website and/or contacting Company at oshea.brian.f@gmail.com. If you desire to delete any of your Personal Information you have provided to Company from Company’s systems, please log in to the Website and/or contact Company at oshea.brian.f@gmail.com.

 

Changes and Updates

Company may change or revise Company’s privacy policy at any time for any reason, with or without prior notice of such changes or revisions to you. If Company decides to change or revise Company’s privacy policy, Company will post the changed or revised privacy policy on the Website so that you will always know what information Company gathers, how Company might use that information and whether Company may disclose it to anyone. Your continued use of the Website indicates your assent to the privacy policy, and the Terms, as posted and updated from time to time.

 

If you register to use the Website with a valid email address, Company will endeavor to notify you of significant changes or revisions to Company’s privacy policy. You will be given the opportunity to accept to the changed or revised privacy policy pursuant to the Terms. If you choose not to accept to the revised privacy policy pursuant to the Terms, the use of your Personal Information will continue to be governed by the privacy policy which was in effect at the time your Personal Information was collected. If you do not provide or maintain a valid email address, Company may not be able to provide you with any notifications of changes or revisions to the privacy policy.

 

OTHER WEBSITES

 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.

 

We hope this privacy policy clarifies our procedures regarding your personal information. By using the Website, you consent to the collection and use of information specified above.

 

 [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, oshea.brian.f@gmail.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: oshea.brian.f@gmail.com. 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.

Please send any questions about our privacy policy to oshea.brian.f@gmail.com