Privacy Policy

Effective as of July 1, 2020.

As the owner of this website (the “Site”), Heavy, Inc. (“we” or “us”) understand that your privacy is of critical importance. This Privacy Policy describes the information we collect from you via the Site and how we use and disclose such information. Because your privacy is important to us, HEAVY has established procedures to protect any personal information you provide to us in accordance with the following principles:

A. Collecting and Sharing Personal Information:

We explicitly ask you when we need information that personally identifies you (“Personal Information”). For example, HEAVY asks you for your name and e-mail address if you wish to join our mailing list, and we also may request that you provide Personal Information as part of a contest, promotion, program, or service. We use your Personal Information for various purposes consistent with US and International law. We may also collect certain non-personally identifiable information when you visit our sites, such as the type of browser you are using, the operating system you are using, and the domain name of your internet service provider. We may use this non-personally identifiable information to improve our site and to enable us to personalize your experience on HEAVY. We may also use this information in the aggregate to analyze the HEAVY site usage, as well as to offer you products, programs, or services. HEAVY does not knowingly collect personal information from children under the age of thirteen (13).

Email Addresses

We may collect your email address, but only if you voluntarily provide it to us. This may occur, for example, if you sign up to receive an email newsletter, or enter a promotion. If you have provided your email address to us, we promise to use it only for the purposes for which it is provided. We will not use your email address to contact you for unrelated reasons. We will not share your email address with any third parties.

If you are a resident of a country in the European Economic Area (EEA), please refer to the section below entitled “Additional Rights of EEA Residents.”

B. “Cookies”:

Our Use of Cookies

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

We use cookies for the following purposes:

(a) Advertising – we use cookies [to help us to display advertisements that will be relevant to you; and

(b) Analysis – we use cookies [to help us to analyze the use and performance of our website and services;

We use Google Analytics to analyze the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

Please note that blocking cookies may have a negative impact on the functions of many websites, including our Site. Some features of the Site may cease to be available to you.

C. 3rd Party Advertising:

We use third-party advertising companies to serve ads when you visit HEAVY’s websites. The third-party advertising technology that we use on HEAVY uses information derived from your visits to HEAVY to target advertising within HEAVY. In addition, our advertisers may use other third-party advertising technology to target advertising on HEAVY’s websites or other websites. In the course of advertisements being served to you, a unique third-party cookie or cookies may be placed in your browser. In addition, HEAVY may use Web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising. Web beacons enable HEAVY to recognize a browser’s cookie when a browser visits this site, and to learn which banner ads bring users to our Web site. To “opt-out,” please click here.

D. Advertising Privacy Statement

This Site is affiliated with CMI Marketing, Inc., d/b/a CafeMedia (“CafeMedia”) for the purposes of placing advertising on the Site, and CafeMedia will collect and use certain data for advertising purposes. To learn more about CafeMedia’s data usage, click here.

This Site is affiliated with AdThrive, LLC (“AdThrive”) for the purposes of placing advertising on the Site. AdThrive uses standard and widely-available tools for the placement and serving of ads, including those provided by Google, Inc. and its affiliates. We publish interest-based advertisements on the Site; that is, ads that are tailored to reflect your interests. To help understand your interests, AdThrive, Google and our other advertising partners will track your behaviour on our website and on other websites across the Internet using cookies.

By using this Site, you consent to the use of such cookies and the sharing of data captured by such cookies with AdThrive, Google, and our other third party partners. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the network cookie using those settings or using the Network Advertising Initiative’s multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained.

For European Economic Area Residents

If you reside in a country in the European Economic Area (EEA), then under the GDPR and applicable data protection laws you have the rights, among other things, to access your personal data, have us erase it, and/or restrict its further processing. If you wish to access or delete your personal data (if any) maintained by us or AdThrive related to advertising on the Site, you can contact us here and contact AdThrive at info@adthrive.com. If you wish to see a list of the advertising partners we work with or change which of those partners track your behavior using cookies, click the ad preferences icon. (Available in the EU.)

E. Disclosure of Information:

HEAVY reserves the right to release current or past information in the event HEAVY believes that the information is being or has been used in violation of the Terms of Service or other published guidelines or to commit unlawful acts, if the information is subpoenaed, or otherwise requested through legal process. HEAVY cooperates with law enforcement agencies in identifying those who may be using our servers or services for illegal activities. By agreeing to the conditions of this Privacy Policy and HEAVY’s Terms of Service, you hereby consent to disclosure of any record or communication to any third party when HEAVY, in its sole discretion, determines the disclosure to be appropriate. In the event your Personal Information is being sold, rented, and/or shared with any third party we will use good faith efforts to post a notice on the site clearly stating that the information is being so used and/or give you the opportunity to opt-in to authorize the use.

F. Consent:

By using this website and the services available to you on our site, you consent to our collection and use of your information as described above. If we decide to change our privacy policy, we will post the changes on this page so that you are always aware of our policies.

Sale of Business or Assets

In the event that the Site or substantially all of its assets is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, the information we have collected about you may be one of the assets sold or merged in connection with that transaction.

Additional Rights of EEA (European Economic Area) Residents

If you are a resident of a country in the EEA, you have the rights, among others, to:

(i) access your personal data

(ii) ensure the accuracy of your personal data

(iii) the right to have us delete your personal data

(iv) the right to restrict further processing of your personal data, and

(v) the right to complain to a supervisory authority in your country of residence in the event that data is misused

If you believe that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your residence, your place of work or the place of the alleged infringement.

You may exercise any of your rights in relation to your personal data by written notice to us addressed to the following:

Keith Getz, Senior Associate, Lebowitz law Offices LLC, 747 Third Avenue, New York, N.Y., 10017 (212)682-0550

We may provide links to a number of other sites that we believe can offer you useful information and services. However, we are not responsible for the privacy policies of or any actions of any third parties that control the activities of such third party sites. We suggest contacting the relevant parties controlling these sites or accessing their online policies for the relevant information about their data collection.

G. General Information:

Please keep in mind that whenever you voluntarily disclose personal information online, that information can be collected and used by others. Therefore, when you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and for any other personal information.

Changes to the Privacy Policy

We may change this Privacy Policy from time to time. The most recent version of the Privacy Policy will always be posted on the Site, with the “Effective Date” posted at the top of the Policy. We may revise and update this Privacy Policy if our practices change, as technology changes, or as we add new services or change existing ones. If we make any material changes to our Privacy Policy or how we handle your personal information, or we are going to use any personal information in a manner that is materially different from that stated in our Privacy Policy at the time we collected such information, we will give you a reasonable opportunity to consent to the change. If you do not consent, your personal information will be used as agreed to under the terms of the privacy policy in effect at the time we obtained that information. By using our Site or services after the Effective Date, you are deemed to consent to our then-current privacy policy. We will use information previously obtained in accordance with the Privacy Policy in effect when the information was obtained from you.

If at any time you believe HEAVY has not adhered to these principles, please notify us.

H. Contacting Us

If you have any questions about this Privacy Policy, or the practices of this Site, please contact us here.

Or write to us at:

Keith Getz, Senior Associate, Lebowitz law Offices LLC, 747 Third Avenue, New York, N.Y., 10017