Privacy & Policy

Last Revised: August 26, 2020

Thank you for visiting this Website. Heart and Soul Matchmakers (hereinafter, "Company", "us" or "we") has created this privacy policy (hereinafter, the "Privacy Policy") in order to disclose our information gathering and dissemination practices. We understand the importance that Internet users place on privacy and have designed our service with this in mind. You agree to this Privacy Policy, in its entirety, when you: 1) access or use of Company's website (the "Website"); 2) select and register for an offer(s) on the Website by clicking the offer(s) presented; and/or 3) give your express consent to the terms of this Privacy Policy. If you do not agree with the terms and conditions of our Privacy Policy, please do not use or access the Website.

Please read this Privacy Policy before using this site or submitting any personal information.

California residents, please also see the "Note to California Residents" in Section 11 for additional rights that apply to you.

 

1. Information We Collect

A. Personally Identifiable Information

 

The information that we collect is generally limited to personal information about you that you submit on the Website. We collect personally identifiable information in order to better serve our customers. The personally identifiable information that may be collected includes: your name; address; email address; telephone number; fax number; information about your interests in and use of various products, programs, and services; education level and interests; and sometimes credit card information when it is voluntarily submitted by our customers. To the extent that customer credit card-specific information is collected by Company and any of its affiliates and/or subsidiaries, said information will be kept in confidence and will not be shared with any third parties (other than consumer credit agencies) without the customer's prior informed consent. Notwithstanding the foregoing, Company and its affiliates and subsidiaries reserve the right to share with third parties the fact that they have credit card information on file for specific customers, but they will not share this credit card information with third parties without the customer's prior informed consent.

It is our goal to get you to the right place to help you achieve your matchmaking goals. Be assured that we respect your privacy and are not going to share your data with dozens of companies that will bombard you with unwanted messages. By entering and submitting your information to us via the Website, you give your express consent for us to share your data with the specific company that we believe will best provide services to meet your needs.

We, and our third-party service providers, may maintain separate email lists for different purposes. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do.

By submitting your email address, you also agree to allow us to use your email address for custom audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us.

In addition, you agree that by submitting your telephone contact information on this Website and/or registering to receive the product and/or service offered herein, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the United States' Amended Telemarketing Sales Rule (ATSR), 16 CFR '310 et seq., the Telecommunications Act (Canada), and any applicable federal, national, state, provincial and local "do not call" regulations, and as such any subsequent telemarketing communications between you and us are considered exempt telecommunications. We and the specific third-party service providers receiving your data as described herein retain the right to contact you via telemarketing in accordance with the United States ATSR or the Canadian Unsolicited Telecommunications Rules and any other applicable regulations.

When your information is provided to third parties, these third parties may also include providers of direct marketing services and applications. We or these third parties may supplement the information we collect online with outside records to enhance our ability to serve you, to tailor our content to you, and/or to offer you targeted advertising and other opportunities to purchase products and services that we believe may be of interest to you.

By permitting us to collect this information, you will be able to receive information on other products and services that may be of interest to you, including related third-party offers that we may send to you. You also enable us to personalize your experience with us so that we can provide you with the highest quality of service.

 

B. Non-Personally Identifiable Information

 

We also may collect various types of non-personally identifiable information to help us make your experience more enjoyable, measure site activity to identify future improvements that should be made, and compile aggregate data to help serve site visitors better.

Like most standard website servers, we use log files. Log files track anonymous user information including, but not limited to, Internet Protocol ("IP") addresses, browser type, Internet Service Provider ("ISP"), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is tracked in order to analyze trends, administer the Website, track users' movements in the aggregate and gather broad demographic information for aggregate use. The information tracked via log files is not linked to personally identifiable information.

We also may use session logs, web beacons, GIF/pixel tags, banner ads, third-party click tracking analytics tools (such as Google Analytics), third-party retargeting networks that may display our advertisements to you on other sites that you visit to remind you about us, and third-party networks that serve user-requested emails (e.g., for a refer-a-friend email) to collect non-personally identifiable information or other aggregated information about site visitors.

The Website also may use session and persistent "cookies" to assign a unique identifier to your computer. This site will not function properly with cookies turned off. The cookies we use are persistent files that your web browser places on your computer's hard drive. Cookies may be used to help save information on past activities and other preferences, so that you are not required to reenter information each time that you visit the Website, and to deliver content specific to your interests. No personally identifiable information is gathered by the cookie.

Third-party retargeting networks may also use cookies to display our advertisements to you on other sites. You can learn more about opting out of third-party vendor's use of cookies by visiting the Networking Advertising Initiative page.

Emails or newsletters that we send electronically may use techniques such as web beacons or pixel tags to gather email metrics and information to improve the reader's experience, such as the number of emails that are opened, whether they were forwarded or printed, the type of device from which they were opened, and the location (e.g. city, state, and county) associated with the applicable IP address.

If you visit this site with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to this site with an open ID, the number of items "liked" on this site, or items on this site that you choose to share with a third-party social media site.

Other parties such as third-party service providers, advertising partners, and analytics companies may also be collecting information about your online activity across various websites over time. The information collected by those third parties may include identifiers that allow those third parties to tailor the ads that they serve to your computer or other device.

Because there is not yet a common understanding of how to interpret web browser-based "Do Not Track" signals other than cookies, we do not currently respond to "Do Not Track" signals that are undefined.

 

2. How We Use Your Information

 

Any personal information that you supply to us remains your personal property. However, by submitting that information to Company and accepting the terms of this Privacy Policy, you grant us the right to use your personal information for any legal purpose including, without limitation: a) tracking compliance with our Terms of Use; and b) for validation, content improvement, and feedback purposes. Following your consent to receive Company communications or solicitations, Company may a) provide promotional offers to you via email advertising and/or online banner advertising; or b) transfer the personal information that you provided to a third party, when necessary, to receive a product, service, or information that you may have requested from such third party while using the Website.

By submitting your information to the Website and consenting to receive communications or solicitations from Company, you grant Company the right to use that information for marketing purposes, and agree to receive email marketing from the Website. We may maintain separate email lists for different purposes. In order to end your email subscription to a particular list, you must follow the instructions contained in any email correspondence that you receive from Company. Unsubscribing from one list will not automatically unsubscribe you from all email lists. We only send email marketing to individuals that have agreed to receive solicitations from Company. We do not send unsolicited commercial email.

Though we make every effort to preserve user privacy, we may be required to disclose personal information in some instances, such as: 1) when required by law wherein we have a good faith belief that such action is necessary to comply with a judicial proceeding, court order, and/or subpoena; 2) in the event that Company is sold or acquired; or 3) in the event that we believe that the Website is being, or has been, used in violation of our terms and conditions or to commit unlawful acts. Moreover, you hereby consent to the disclosure of any record or communication to any third party when Company, in its sole discretion, determines the disclosure to be appropriate in the circumstances.

 

3. Sharing of Information

 

Company provides you with the opportunity to receive special offers, products and/or services from other third-party companies. To receive such offers, products and/or services your personally identifiable information supplied to us during the registration process will be shared with such third-party companies so that they may provide the product or service to you that you have ordered from us or them without requiring that you first complete another registration form.

By submitting your e-mail address at the Website and consenting to receive solicitations from Company, you agree to receive e-mail marketing from Company and the third-party service providers described in Section 1(a) and this Section 3. We may sell our user information for the purposes set forth herein and/or join together with other businesses to bring selected opportunities to our users. We are able to offer third-party services to you, in part, based on your willingness to be reached by our third-party service providers.

Company is not responsible for any content, terms and conditions, or the privacy policies of any third-party advertisers' websites. The entities that advertise and/or place banner ads at the Website including, but not limited to, third-party advertisers, are independent third parties and are not affiliated with Company.

We may, for the purpose of providing services to you through our Website, directly or indirectly, transfer personal information collected to a parent corporation, subsidiary, affiliate, contractor or subcontractor (a "Service Provider") that, directly or indirectly, provides a service for or on behalf of Company, and is located outside the United States or outside Canada. This includes, but is not limited to, entities in other states within the United States and Canadian provinces that may provide Company services including personal background checks, telephone solicitation services, database and web administration, customer service and financial accounting.

If you have further questions about the collection, use, disclosure or storage of personal information for or on behalf of the organization, please send us an email using the contact form listed in Section 8 herein.

 

4. Minors

 

Visitors under 21 years of age are not permitted to use and/or submit their personal information at the Website. Company does not knowingly solicit or collect information from individuals under the age of 21. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. If your minor child has provided us with personally identifiable information, you may contact us using the contact information provided in Section 8 herein if you want this information deleted from our records. We will then make reasonable efforts to remove your child's information from the database that stores the information.

 

5. IP Addresses

 

We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services.

 

6. Our Data Security Policy

 

All collected information is stored in a technically and physically secure environment. Furthermore, access to this information is strictly limited, and the information is not accessible to the public. Our employees are dedicated to ensuring the security and privacy of all user information. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we use appropriate industry standard procedures to safeguard the confidentiality of your personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data.

In addition, Company has security measures in place to protect the loss, misuse and alteration of personal information under our control.

Please be advised that, although we take every reasonable technological precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Please ensure that you take all necessary precautions to protect your personal information while online.

 

7. Withdrawing Consent

 

To stop receiving future communications or solicitations from Company, please unsubscribe according to the instructions contained in any correspondence you receive from Company. As noted in Section 1(a) of this Privacy Policy, it may be necessary to unsubscribe from more than one email list as the Company may maintain and use separate email lists for different purposes.

To unsubscribe from a third-party service, you must contact that third party directly.

 

8. Contacting Us

 

If you need to contact us in relation to privacy matters, you can contact the Website administrator and the Privacy Officer of the Company using the email form below. Messages will not be visible to other clients. 

We strive to provide excellent products, along with equally excellent customer service. If you have any questions about this Privacy Policy or our practices, please feel free to contact us using one of the methods listed above.

 

9. Terms of Use

 

Please read the Terms of Use Policy carefully to understand other terms and conditions that govern your use of this Website. The Terms of Use Policy is hereby incorporated by reference as part of this Privacy Policy.

 

10. Severability

 

If any part of this Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

11. Note to California Residents

 

If you live in the State of California, under the California Civil Code, you have the right to request that companies who conduct business in California provide you with a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Please note that this requirement only applies to our activities within California, and only information that is required by law will be provided in our response.

If you are a California resident and want to exercise your third-party disclosure choices, you must send a request using the form above and write "California Disclosure Request" in the comment box. For all requests, please include your name, zip/postal code, email address, and phone number in the corresponding fields

We do not accept requests by facsimile. We are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

 

12. Changes to the Privacy Policy & Notification of Changes

 

Company reserves the right to change or update this Privacy Policy at any time by posting a notice at the Website that we are changing our Privacy Policy. If the manner in which we use personally identifiable information changes, we will notify users by posting the changes on this Website. Any and all changes to our Privacy Policy are effective immediately upon posting. The user's continued use of the Website and/or continued receipt of Company e-mails constitutes an affirmative acknowledgement and acceptance by the user to the terms of the modified Privacy Policy.

 

Terms of Use

Last Revised: August 27, 2022

The following terms and conditions of this Terms of Use policy govern your use of this website and apply to your access to, and use of, Heart and Soul Matchmakers website (the "Company"), https://www.Heartandsoulmatchmakers.com (the "Website"), including any content contained therein. By accessing or using the Website, you are acknowledging and accepting, and agree to be bound by, the terms and conditions described herein. These terms and conditions are subject to change or modification by the Company at any time and at our discretion without notice. You waive any right you may have to receive specific notice of such changes or modifications, and your continued use of the Website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms of Use each time you use the Website. If you do not agree with the terms and conditions of these Terms of Use, please do not use or access the Website.

Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.

 

1. Intellectual Property

You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Website is strictly prohibited without the express written permission of the Company. For information on requesting such permission, please contact us using the contact information listed in Section 6 herein.

 

 

2. Third-Party References / Hyperlinks

The Website may link you to other websites or web pages on the Internet that are not operated by the Company ("Third-Party Sites"). These Third-Party Sites may contain information or material that some people may find inappropriate or offensive. Third-Party Sites are not under the control of the Company, and you acknowledge that the Company is not responsible or liable for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion on the Website of a link to a Third-Party Site does not imply endorsement of such site by the Company or any association with its operators.

You agree to access and use any Third-Party Sites and the third-party content contained therein at your own risk. You acknowledge that a Third-Party Site may collect personal information about you, and any personal information you disclose or submit to a Third-Party Site will not be under control of the Company. The Company assumes no responsibility or liability for the privacy and information collection policies of third parties operating any Third-Party Site and we suggest contacting the providers of those sites directly for information on their privacy policies.

 

 

3. Customer Refund Policy

Our customer refund policy may vary based upon the specific terms of your particular offer. If you entered into an Agreement with us in relation to the provision of coaching or matchmaking services, the refund policy applicable to your situation will be set out therein.

 

 

4. Ability To Accept Terms And Conditions

You affirm that you are either more than 21 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

In order to participate in certain areas of our Website, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify the Company if you discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

 

 

5. Privacy

Please read the Privacy Policy carefully to understand how the Company collects, uses and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms of Use.

 

 

8. Contacting Us

 

If you need to contact us in relation to privacy matters, you can contact the Website administrator and the Privacy Officer of the Company using the email form below. Messages will not be visible to other clients.

Send Message

 

7. Disclaimer Of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

 

 

8. Limitation Of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE AMOUNT YOU PAID TO THE COMPANY FOR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

 

9. Indemnification

Upon a request by the Company, you agree to defend, indemnify, and hold harmless the Company and its other affiliated companies, and their respective service providers, consultants, employees, contractors, officers, and directors, from all costs, damages, liabilities, claims, and expenses, including, without limitation, reasonable legal fees, arising out of or related to your use of the Website or the violation of these Terms of Use.

 

 

10. Severability And Integration

Unless otherwise specified herein, this agreement, together with the Privacy Policy associated with the Website, constitute the entire agreement between you and the Company with respect to the Website and supersede all prior or contemporaneous communications between you and the Company with respect to the Website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

 

11. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Tulsa, USA.

 

 

12. Arbitration of Disputes

(a) The parties agree that, where allowed by applicable laws, any dispute or claim in law or equity arising between them regarding the use of this Website or these Terms of Use, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Braintree, Tulsa. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Tulsa. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.

 

 

13. Class Action Waiver

ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE OR THESE TERMS OF USE MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

 

 

14. Attorneys' Fees

In any dispute, action, proceeding, or arbitration regarding the use of this website or these Terms of Use, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys' and experts' fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys' fees, costs and expenses upon appeal).