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HeavyConnect Privacy Policy

Last Updated: July 01, 2025

HEAVYCONNECT PRIVACY POLICY

LAST UPDATED: JULY 01, 2025

At HeavyConnect, Inc. ("HeavyConnect", "we", "us", or "our" which include our group and affiliated companies), our most important asset is our relationship with our user community. We are committed to maintaining the confidentiality, integrity and security of information about our users and their organizations. This privacy policy ("Privacy Policy") describes how we collect, use, disclose, share and secure the personal and company information you provide when you use our productivity management software, through our mobile application ("the Application") or visit the HeavyConnect Website HeavyConnect.com ("the Site" and, together with any related software, tools and services provided in connection with the Application or the Site, the "HeavyConnect Service"). It also describes your choices regarding the use, access and correction of your Personal Data (as defined in section 3 of this Privacy Policy) and how to contact us if you have any further queries or complaints about our management of your personal information.

In this Privacy Policy, "you" and "your" refers to individual users of the HeavyConnect Service, as well as to Members and Corporate Members. "Members," "Corporate Members," and other capitalized terms not defined in this privacy policy are defined in the HeavyConnect Terms of Service currently located at HeavyConnect.com/index.php/terms.

If you do not agree to the terms of this Privacy Policy you must immediately leave the Website and discontinue your use our products and services.

IMPORTANT - TRANSFER TO THE US OF EUROPEAN PERSONAL DATA: PRIVACY SHIELD CERTIFICATION

Information that our European users submit through the HeavyConnect Service or the Site is sent to and stored on secure servers located in the United States of America and may be transferred by us to our other offices and/or to the third parties (such as our Partner Companies), who may be situated in the United States of America or elsewhere outside the European Economic Area (EEA) and may be processed by staff operating outside the EEA. The US and other non-EEA countries do not have similar data protection laws to the European Union, and you should be aware in particular that the law and practice in the United States in respect of law enforcement authority access to data is significantly different from Europe. Where we transfer your information we will take all reasonable steps to ensure that your privacy rights continue to be protected consistent with our obligations under local law and the Privacy Shield Framework. By submitting information via the Site, you agree to this storing, processing and/or transfer.

PARTICIPATION IN THE PRIVACY SHIELD

HeavyConnect, Inc. and its subsidiary company, HeavyConnect Ltd. participate in and have certified their compliance with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Data transferred from the European Union to the United States. HeavyConnect, Inc. is committed to subjecting all Personal Data received from European Union (EU) member countries, in reliance to the Privacy Shield Framework, to the Framework's applicable Principles. If there is any conflict between the terms of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List at www.privacyshield.gov/list.

RESOLUTION OF PRIVACY SHIELD-RELATED QUERIES AND COMPLAINT MECHANISM

In compliance with the Privacy Shield Principles, HeavyConnect Inc. commits to resolve complaints about our collection or use of your Personal Data. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact HeavyConnect Inc. via email at: Support@HeavyConnect.com or via post addressed to HeavyConnect, 150 Main Street Suite 130 Salinas, CA 93901.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at feedback-form.truste.com/watchdog/request. As further explained in the Privacy Shield Principles, a binding arbitration option also be made available to you in order to address residual complaints not resolved by any other means.

ACCOUNTABILITY FOR ONWARD TRANSFERS

HeavyConnect, Inc. is responsible for the processing of Personal Data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of Personal Data from the EU, including the onward transfer liability provisions.

RIGHT OF ACCESS

You have a legal right to request the Personal Data about you held by us. On request, we will provide you with a copy of this information. You also have a right to correct, amend or delete such Personal Data where it is inaccurate or has been processed in violation of the Privacy Shield Principles.

ENFORCEMENT

With respect to Personal Data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

APPLICATION OF THE PRIVACY SHIELD FRAMEWORK AND PRIVACY SHIELD PRINCIPLES

The Privacy Shield Framework and Privacy Shield Principles set out above only apply to Members and Corporate Members located in the EU.

Accordingly, HeavyConnect, Inc. is not liable under the Privacy Shield Framework and Privacy Shield Principles to Members or Corporate Members located outside the EU. This Privacy Policy is incorporated into, and considered a part of, the HeavyConnect Terms of Service, currently located at HeavyConnect.com/index.php/terms.

1. MEMBER CONSENT

By submitting or making available Personal Data (as defined below) through our Site, the HeavyConnect Software or the HeavyConnect Service, you confirm that you have read and accepted the terms of this Privacy Policy and you expressly consent to the collection, storage, use and disclosure of your Personal Data in accordance with this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you must not use our products and services or our Site.

2. A NOTE ABOUT CHILDREN

We do not intentionally gather Personal Data about individuals who are under the age of 18. If you become aware that we inadvertently hold or have access to Personal Data about anyone under 18, please let us know so we can delete it.

3. TYPES OF PERSONAL DATA WE COLLECT

So that we can provide you with our products and services, we may need to collect Personal Data (as that term is defined below) about you or others. If you do not provide us with the Personal Data we request, we may not be able to supply you with some or all of our products and services.

HeavyConnect collects Personal Data from you when you visit our Site, when you send us information or communications in connection with your use of the HeavyConnect Service, and/or when you download and use the HeavyConnect Software. "Personal Data" means data that allows someone to identify or contact you or your employees, consultants, and independent contractors, including, for example, name, address, geographic location of your computer or mobile device, telephone number, credit card number, email address and bank account information. If you are accessing the HeavyConnect Service from Australia, "Personal Data" also includes any information or opinion, whether true or not and whether recorded in material form or not, by which you may be reasonably identifiable.

PERSONAL DATA YOU PROVIDE TO US

We collect Personal Data from you, such as first and last name, email and mailing addresses, telephone number, professional title, company name, and password, when you register for the HeavyConnect Service. In addition, we (or our third-party credit card or payment processor on our behalf) will collect Personal Data including your credit card number or account information when you upgrade to a paid account. We also retain information on your behalf, such as the Personal Data described above and any correspondence. If you provide us feedback or contact us via email, we will collect your name and email address, IP address, as well as any other content included in the email, in order to send you a reply, and any information that you submit to us, such as a resume. If we conduct a survey in which you participate, we may collect additional profile information. We may also collect Personal Data at other instances in the Site or Application user experience where we state that Personal Data is being collected.

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. HeavyConnect stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. If your friend is a resident of the European Union or Australia, we will only send this email if your friend has consented to receiving such emails.

PERSONAL DATA COLLECTED AUTOMATICALLY

We automatically receive and record information on our server logs from your browser, including your IP address, cookie information, and the page you requested. We treat this data as non-Personal Data, except where we are required to do otherwise under applicable law. Unless otherwise stated in this Privacy Policy, HeavyConnect only uses this data in aggregate form. We may provide aggregate information to our partners about how our users, collectively, use our Site, Application or HeavyConnect Service, so that our partners may also understand how often people use their services and the HeavyConnect Service.

Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the HeavyConnect Service. Second, we utilize session ID cookies to enable certain features of the HeavyConnect Service, to better understand how you interact with the HeavyConnect Service and to monitor aggregate usage by HeavyConnect users and web traffic routing on the HeavyConnect Service. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the HeavyConnect Service and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the HeavyConnect Service or all functionality of the HeavyConnect Service. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on the Site or Application, you may not be able to take full advantage of the HeavyConnect Service.

In addition to cookies, web beacons may be set by us or third parties in respect of your use of the Site or Application. Web beacons are small image files within the content of the Site or Application for analytics purposes so we or third parties can understand which parts of the Site or Application are visited and which functions of the Site or Application are used and whether particular content is of interest.

When you download and use the HeavyConnect Service, we automatically collect information about the type of device you use and operating system version.

We may send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

We collect your location based information for the purpose of mileage tracking and providing location specific features. We may share your geo-location data with third parties for the sole purpose of providing these services. If you do not wish to allow us to share your information in this manner please opt out by contacting us at Support@HeavyConnect.com.

You may opt-out of location based services at any time by editing the setting at the device level or by emailing us at Support@HeavyConnect.com.

We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the Application, the events that occur within the Application, aggregated usage, performance data, and where the Application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile Application.

HOW DO WE USE YOUR DATA?

HeavyConnect uses your Personal Data in the following ways:

  • to facilitate the creation of and secure your account on our network;
  • identify you as a Member in our system;
  • to provide improved administration of the HeavyConnect Service;
  • to improve the quality of experience when you interact with the HeavyConnect Service, including staff training;
  • to send you a welcome email to verify ownership of the email address provided when your account was created;
  • to send you administrative email notifications, such as security or support and maintenance advisories;
  • to collect fees and payments owing to us;
  • to respond to your inquiries related to employment opportunities or other requests and to resolve disputes;
  • to send with your consent (or where a friend has referred you to us) promotional communications;
  • to provide you with hardcopy or electronic newsletters, or surveys;
  • to send with your consent (or where a friend has referred you to us) upgrades and special offers related to the HeavyConnect Service and for other marketing purposes of HeavyConnect or our Partner Companies;
  • to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; and
  • to compare information provided by you for accuracy and verification with third parties.

From time to time, we may also use your Personal Data to send important notices to you, such as communications about purchases you have made, or changes to our terms and conditions or other policies. This information is important to your interactions with us and you acknowledge that you may not opt out of receiving these communications.

If you provide feedback on the HeavyConnect Service, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Data. HeavyConnect will collect and store any information contained in such communication and will treat the Personal Data in such communication in accordance with this Privacy Policy.

Any information, including Personal Data, which you elect to make publicly available on the HeavyConnect Service will be available to other Members or the public. If you remove information that you have made public on the HeavyConnect Service, copies may remain viewable in cached and archived pages of the HeavyConnect Service, or if other Members have copied or saved that information.

In some cases we collect information provided by our Corporate Members, and in such cases, we have no direct relationship with the individuals whose Personal Data we process. If you believe your Personal Data has been collected by us in such circumstances, and would no longer like to be contacted as an employee or customer of one of our Corporate Members, please contact that Corporate Member directly in order to request your removal.

Legal Basis for Collecting Data

HeavyConnect's legal basis for collecting and using the personal data described in this Data Protection Policy depends on the personal data we collect and the specific context in which we collect the information:

  • the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
  • processing is necessary for the performance of a contract to which the data subject is part of or in order to take steps at the request of the data subject prior to entering into a contract;
  • processing is necessary for compliance with a legal obligation to which the controller is subject;
  • processing is necessary in order to protect the vital interests of the data subject or of another natural person;
  • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Data Retention

HeavyConnect will retain data we process on behalf of our Corporate Members for as long as needed to provide services to our Corporate Member. HeavyConnect will retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We ensure that Personal Data we dispose of is de-identified or destroyed in a secure fashion.

Your Data Subjects Rights

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what personal data we hold about you and if you want it to be removed from our systems, please contact us at Support@HeavyConnect.com.

In certain circumstances, you have the following data protection rights:

  • The right to access the information we have on you
  • The right to be forgotten or erased
  • The right to data portability
  • The right to be notified of a data breach

RIGHT TO ACCESS

You have a legal right to request the Personal Data about you held by us. On request, we will provide you with a copy of this information in an easy-to-read, electronic format. You also have a right to correct, amend or delete such Personal Data where it is inaccurate or has been processed in violation of the Privacy Shield Principles.

RIGHT OF ERASURE

The data subject (person or individual) who has personal data on HeavyConnect has the right to have their data be forgotten/erased without undue delay if:

  • the personal data is no longer necessary to achieve the purposes for which they are collected or processed
  • a data subject has withdrawn his or her consent
  • a data subject objects to the processing of his/her personal data
  • the data subject has given his or her consent as a child and is not fully aware of the risks involved by the processing, and later wants to remove such personal data, especially on the internet
  • the processing of personal data does not otherwise comply with the GDPR.

DATA PORTABILITY

HeavyConnect users have the right to receive the personal data concerning them, which they have previously provided to be given to them in a 'commonly used and machine readable format' and have the right to transmit that data to another controller (company/business).

BREACH NOTIFICATIONS

The data subject has the right to be notified of a data breach within 72 hours and without undue delay of said breach wherein the data breached is likely to result in the risk of rights and freedom for the individual.