Privacy policy

Updated and posted on March 12, 2025

HART Shaped Rocks, LLC  ("HART", “us”, “our” or “we”) provides this privacy policy (this "Policy") to inform you of: (1) the types of information we collect; (2) your choices surrounding such information; and (3) how we collect, use, share, update and secure such information. This Policy applies to information obtained in connection with HART’s operations at or through our website(s), our mobile/tablet site(s), our social media presence, our applications (apps), our registration and event services, our messaging platforms, our stores, and other HART’s owned or controlled digital properties (our “Site(s)”). Our “Internet Marketing Channels” as used herein include emails, social media, marketing campaigns and digital and online advertising.

This Policy and your use of any of our Site is subject to our Terms of Use. If you have questions about this Policy, please contact us at support@shophart.com.

 

I. Categories of Information Collected

Some of the information we collect is “Personal Information,” which generally means information that identifies you as an individual, and other personal information associated with you. This may include your name, mailing address, e-mail address, date of birth, credit/debit card information (and related payment information) and/or telephone number. Personal Information we collect may relate to minor children, and if you provide us with Personal Information related to a minor child, you are representing to us that you are the lawful guardian or have the authority to share Personal Information of the minor child.

We collect several categories of information, from the different sources:

A. Information You Provide:  We receive information you provide to us when you:

(1) create an account with us (by shopping on our Internet Marketing Channels or opening an any account to review or purchase products);

(2) make a purchase or return;

(3) apply for employment opportunities;

(4) contact us via any customer service method;

(5) submit user-generated content (via our Site, Internet Marketing Channels or otherwise);

(6) subscribe for email, text, or other messages;

(7) work with our sales personnel who provide you with in-store services or otherwise assist you with your product needs and purchases through use of a Site;

(8) download or use our Site;

(9) otherwise communicate information to us.

B. Information We Receive From Third Parties. We may receive information you provide on behalf of third parties, or third parties provide on your behalf.

We receive information from sources assisting us with (i) updating, enhancing, improving and/or analyzing our records or data; (ii) performing marketing and research services; or (iii) detecting fraud or theft. We may also acquire information about you from third parties with whom we have a relationship or otherwise contract with to obtain such information. Additionally, we may receive information from various consumer reporting agencies and related service providers.

We also work with third-party service providers that provide us feedback about our Site and analytics and general information about browsing patterns to improve our Site and our Internet Marketing Channels. Analytics services provide services that analyze information regarding your visits to our Site and may use cookies, web beacons and other tracking mechanisms (as described below) to collect this information.

C. Information that is passively collected when you use the Site. When you visit our Site or interact with us through your device, (including Wi-Fi, Bluetooth or other technologies in our store) we may collect "User Activity Information" through Cookies, Web Beacons and other similar or related technologies (collectively, "Information Technologies"). "Cookies" are small text files sent to your device as you visit our Site or utilize our Internet Marketing Channels and saved on your device via your browser. "Web Beacons" (also known as pixels or tags) are a common form of web technology used on our Site and Internet Marketing Channels to monitor visits to certain pages within, interactions with, and the effectiveness of, our Site and our Internet Marketing Channels.

User Activity Information we collect through these Information Technologies includes internet protocol (IP) addresses, device characteristics (such as connection type, operating system, browser type, screen resolution), location information, user ID, and your interactions with our Site and Internet Marketing Channels, such as which webpages you visit, your keyword searches, and the products or product categories viewed. User activity information may also include information about: your mobile device if it is being used to visit the Site (such as device model, operating system, unique device identifiers, and mobile network information); how you use our Site and Internet Marketing Channels, search terms, pages you visit on our Site and application performance information. In addition, while User Activity Information does not generally identify or relate to you as an individual, we may associate this type of information with you as an individual and may also determine your general location from this information. We only share Personal Information for purposes identified in this Privacy Policy, but User Activity Information collected on our Site could potentially be used by Internet Marketing Channels for their own purposes, some of whom may be able to associate such information with you based on other information they have collected independently of HART.

D.  Social Media Access. We engage with current and prospective customers through multiple Internet Marketing Channels and social media services. If you contact us on one of our Internet Marketing Channels, request customer service via social media or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this Policy as well as the privacy policy of the social media platform you use. If you choose to access, link to, or log-in to our Site or Internet Marketing Channels or otherwise communicate with us through a third-party social media service, you are granting us permission to access and use the information that you post or store on the applicable social media service in accordance with the privacy policy of that service and the privacy settings that are applicable to your account, and to store the user name and password you use to log-in to the applicable social media service. By accessing or logging into our Site or Internet Marketing Channels via a social media service, any information you provide may also become accessible to that service, subject to that service’s privacy policy. For additional information and more details on how you can manage the information provided to us by these social media services, please review the privacy settings applicable to your account with the applicable social media service. We do not control, and are not responsible for, the privacy practices of such services. 

E. In-Store Services.

1.    In-Store Technology. Our store may offer free Wi-Fi services to visitors. Our Wi-Fi network may capture certain data from devices you connect to it. Unless we receive consent to use Wi-Fi data in a manner that identifies you or your device, Wi-Fi data is anonymously collected or de-identified. We also may enable Bluetooth or other technologies in our stores which enable us to detect the presence of your device in our store or provide operational insights.

2.    Video Cameras. We use cameras in our store for security, operational and marketing purposes. This technology may capture demographic and personal information about you.

3.    Third Party Applications. Some third party service providers (such as Google) are able to combine your search history or other activity with the location services within your device, to know that the same device that was used for searching on-line has also been at our store. These service providers provide us aggregate information as to how internet searches translate to customer store visits or other information.

F. Other Information. In addition to collecting Personal Information as described above, we may collect information that does not identify you and is not associated with your Personal Information.  We can aggregate and use such information to engage in marketing and other activities in a manner that does not use customers’ personal information and is outside the scope of this Policy.

II. Your Choices

We provide customers with a number of choices regarding our collection, use and disclosure of personal information:

A. Email Opt-Out. You may unsubscribe to future promotional e-mail communications from us by clicking on the unsubscribe link provided in our e-mail communications.  Regardless of your decision to opt-out of promotional e-mail communications, we may still contact you to respond to an inquiry, regarding transactions and for transactional purposes (e.g., sales confirmations, shipping notifications, product information, service/reminder notices and account maintenance).

B. Disabling Cookies. Based upon your interactions with our Site and elsewhere on the internet and your (and your device’s) interaction with our Internet Marketing Channels, we may personalize your experience via our Site and via our Internet Marketing Channels. However, you have choices relating to how your device interacts with our Site and our Internet Marketing Channels. You may choose to access our Site and our Internet Marketing Channels without accepting certain Information Technologies on your device(s), and you may opt-out or modify certain elements that are tailored specifically to you and served to you based upon your browsing history. If you choose to restrict those Information Technologies, you can still access our Site and Internet Marketing Channels, but may not be able to take full advantage of certain features. You may also manage third party tracking by turning off cookies and changing your browser settings. Learn more at www.allaboutcookies.org.

C. In addition, the browser on your device may offer you preferences regarding a website's collection of your information or your online activities over time and/or across different websites or online services and you may modify your individual preferences. Our Site endeavors to process “Global Privacy Control” (GPC) signals from web browsers by automatically opting-out such visitors from Third Party Targeting Cookies, although GPC technology is not fully developed and it is not yet supported by all browsers.  Options you select are browser and device-specific.

D. Location Information. When you visit our Site, we may collect general location information from your IP address and your specific location information (latitude and longitude) from your browser. You may manage preferences through your browser settings. Note, such opt-outs and browser settings do not limit our ability to use your general location obtained via your IP address.

E. Mobile Device and Application Preferences.

1.    Text Messages. If you have opted-in to receive text messages from us, we may send text messages to the number provided that corresponds to your device. To opt out of mobile messaging, reply “stop” to text messages received from such number. This will opt you out of all text message campaigns from that number only.

2.    Push Notifications. You may at any time opt out from further push notifications by adjusting the permissions in your mobile device.

3.    Location Information. You may at any time opt-out from allowing us to access specific location information of your device by adjusting the permissions in the mobile device you use to access our Site and those of our third party partners through your mobile browser.

4.     In-Store Mobile Technology. You may prevent us from accessing your in-store location and other data obtained via Wi-Fi, Bluetooth, or other in-store mobile technology by preventing it from connecting with our systems (e.g., Wi-Fi) while in our stores so our in-store technology will not detect your presence. To disable third party tracking while in our stores (such as social media), log out of your third party accounts or disable location services when visiting our stores. (Please note that In-Store Mobile Technology is unrelated to in-store cameras as discussed above.)

 

III. How We Use Your Information

We use your information consistent with this Policy and applicable laws in the following ways:

1.    Fulfilling, delivering and communicating with you regarding requests for information and orders for products and/or services.

2.    Processing credit card applications, payments, returns and other such transactions.

3.    Evaluating your application for employment.

4.    Administering surveys, customer satisfaction inquiries, or promotions.

5.    Registering and servicing customer accounts.

6.    Providing customer service.

7.    Conducting research and analysis.

8.    Alerting you to product, service and promotional information.

9. Helping us to improve and customize our products and services, Site and Internet Marketing Channels.

10. To advertise our products and services to you and those of our partners that we think may be of interest to you.

11. Protecting the security and integrity of our stores, Site, Internet Marketing Channels and overall business practices.

12. Enabling event organizations, account holders, and others to utilize the features and functionality and Services of our Site, including facilitating communications among event participants, members and others.

13. As may otherwise be disclosed at the time of collection.

In doing so, we may: 

1.    Combine certain Personal Information and non-personal information collected online and offline, including information collected from third parties;

2.    Transfer or disclose such information within our business, to affiliates, and to subsidiaries and related entities;

3.    Retain the information as needed to provide you products/services, comply with legal obligations, resolve disputes, and enforce agreements as necessary in our sole discretion;

4.    Combine the information we collect and maintain it across our business and to our service providers;

5.    Process User Activity Information to associate you with your interactions on our Site and In-Store services; including to recognize you and your preferences as you return to our Site or utilize our Internet Marketing Channels, to tailor advertisements to you, and to provide other services to you. We may display targeted ads to you through Internet Marketing Channels. These ads are sent to groups of people who may share common traits, such as likely commercial interests or demographics. 

6.    Use location information from your device in order to deliver marketing messages to you which may be more relevant to your general location. We may also use this data to track the effectiveness of local marketing campaigns, as well as our store location services.

 

IV. How We Disclose Your Information

We may share your information (including Personal Information) with the following categories of third parties where consistent with this Policy and applicable laws:

1.    With third party businesses and service providers that assist with our business operations, such as shipping vendors, billing or other payment vendors, payment card processors, IT services, customer service, email and text delivery services, marketing and research vendors and various companies that work with us to improve or provide our products and services and our data integrity including advertising networks and data analytics providers. While we are not involved in the day-to-day operations of such businesses and providers, our agreements generally obligate them to use reasonable methods to keep any Personal Information safe and secure, and not use such Personal Information for purposes other than providing their applicable services, or as otherwise described in this policy. However, even if a third party business or service provider is performing business operations on our behalf, if you have an independent relationship with such third party business or service provider, its use of your information may be governed by its independent relationship with you, and we are not responsible for such use.

2.    As we deem necessary in the event (or partial event) of a corporate sale (asset or stock), merger, reorganization, change in corporate control, acquisition, insolvency, bankruptcy or similar event.

3.   To comply with applicable law or reasonable requests based upon governmental regulation, court order, subpoena or similar related action.

4.    As we deem necessary to protect the rights, property or safety of HART, our customers, our associates or others, to prevent harm or loss, or in connection with an investigation or suspected or actual fraud or other unlawful activity.  

5. To the extent permitted by law and as described above in the Interest-Based Advertising section, we may share identifying information, User Activity Information and/or transaction information through targeting cookies, and/or data extracts. You can always opt-out of this sharing as described above. Where you have not opted-out of sharing, we may share your contact information with third parties that we believe may have services or products that may be of interest to you.

6.    As may otherwise be disclosed at the time of collection.

 

V. How to Update Your Information

For certain types of information, we offer you several ways to access or update such information:

1.    If you have an account on one or more of our Site, you can log-in to your account on the applicable Site and update your information and communication preferences provided there. Some fields (such as password) can be Site specific and if you have more than one account with us or registered on more than one Website, you will need to update each account.

2.    You can contact us to update your account

3.    If you participate in an organization that uses an event Site we host with or on behalf of the organization, contact the organization for options regarding the manner in which your information can be updated, displayed, or removed.

Please note:

1.    We may refuse requests that are unreasonably repetitive, require disproportionate technical efforts, risk the privacy of others or are impractical.

2.    After closing your account(s), or updating or deleting any of your information, we may retain residual copies on our servers and back-up systems to the extent permitted by law.

3.    Closing or updating information relating to one HART’s account (e.g., a HART online shopping account) does not guarantee the closing or updating of a separate and different HART account.

4.    Closing an account will not affect information we obtain via Information Technologies.

In our efforts to maintain accurate and complete information, we utilize third party service providers to assist us in identifying and with updating contact information (e.g., National Change of Address).

 

VI. Security and Retention

We use a variety of security measures to help protect Personal Information and transactions we process. Our Site utilizes encryption technology to protect Personal Information that we transport across the internet. Customers’ online and mobile accounts are password protected with restricted access.

Additionally, we use a variety of security measures to help protect Personal Information that we maintain. While no company can guarantee the security of your information, we use physical, administrative and technical controls that are consistent with retail industry practices to mitigate such risks.

We retain Personal Information based on a number of factors, including (i) for business purposes such as for as long as your account is active, as long as is reasonably necessary to provide you with our products and services, and for the other purposes we use your information as described above, and (ii) as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We may also retain archived copies of your information for a reasonable period of time. 

 

VII. Third Party Links

Our Site and our Internet Marketing Channels may link to other sites that we do not control. In addition, you may have visited our Site through a link or a banner advertisement on another site. In such cases, the site you linked from may collect information from people who click on the banner or link. These other sites are governed by their own privacy policies which you should review when visiting such sites to understand how they collect and use your information. We are not responsible for the privacy practices of third party sites.

 VIII. Privacy Policy Updates

We may, from time to time, update and revise this Policy. Please periodically check this Policy for any updates or revisions. In the event we make a material change to how we use your information that would materially adversely affect your rights, we will provide you advance notice including by posting the proposed change on the Site at least 30 days in advance of the effective date of the changes. We encourage you to keep the email and other addresses you provide to us current so that you may receive any additional notices we send to you regarding material changes to this Privacy Policy. If you do not agree to the changes and do not wish to be bound by such changes, you should stop using the Site, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at support@shophart.com. Otherwise, the changes will take effect after thirty (30) days or upon the effective date, whichever is later.

IX. State-Specific Notices.

Some states have specific privacy laws that require certain notices. More information on the state specific laws may be found at https://iapp.org/resources/article/us-state-privacy-legislation-tracker/. 

X. International Data Transfers And Use

Our Site is controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Any information you provide through use of the Site may be stored and processed, transferred between and accessed from the United States and other countries which may not guarantee the same level of protection of Personal Information as the one in which you reside. However, we will handle your Personal Information in accordance with this Privacy Policy regardless of where your Personal Information is stored or accessed.