Privacy Policy

These terms of service ("Terms", "Agreement") are an agreement between the website ("Website operator", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of this website and any of its products or services (collectively, "Website" or "Services"). 

Thank you for considering Heart Zones, Inc. and reviewing our privacy statement. This statement outlines how we collect, use, and protect your personal information when you visit our website or use our services.

Heart Zones stores all data used within the Heart Zones Move and Heart Zones ePE solutions in the Heart Zones Connect web portal and database. Access to the web portal requires multiple levels of authentication. The Heart Zones Connect web portal and database also uses a highly secure Amazon Web Services (AWS) server not a local server housed within Heart Zones.

The Heart Zones Connect web portal contains all the required physical, network, and process security measures as covered by several federal statutes, among them, the Health Insurance Portability and Accountability Act (HIPAA), Children Online Privacy Protection Act (COPPA), the Family Education Rights and Privacy Act (FERPA) guidelines. Heart Zones does not have access to any personal information or data nor grants any 3rd party access to any data as related to the correct use of the Heart Zones Move application. 

If you have any questions or concerns about our privacy statement or practices, please contact us at 916-481-7283. Thank you for choosing Heart Zones.

Heart Zones is committed to complying with the Health Insurance Portability and Accountability Act (HIPAA) to protect the privacy and security of personal health information (PHI) of our users. We implement reasonable and appropriate administrative, technical, and physical safeguards to ensure the confidentiality, integrity, and availability of PHI. Heart Zones does not have access to any PHI information or data nor grants any 3rd party access.

Heart Zones is committed to complying with the Children’s Internet Protection Act (CIPA) to protect the privacy and safety of children using the Internet. We do not knowingly collect personally identifiable information from children under the age of 13. We do not access nor disclose personally identifiable information from education records. We provide appropriate security safeguards to protect the confidentiality of education records.

Heart Zones is committed to complying with the Family Educational Rights and Privacy Act (FERPA) to protect the privacy of student education records. We do not access nor disclose personally identifiable information from education records. Deletion of any data captured by a school or a school district is available upon request by the school or a school district or parent of student. We provide appropriate security safeguards to protect the confidentiality of education records.

Heart Zones is committed to complying with the Children’s Online Privacy Protection Act (COPPA) to protect the privacy of children under the age of 13 using the Internet. We do not knowingly collect personally identifiable information from children under the age of 13. Users (schools and health clubs) provide appropriate parental notice and consent mechanisms and implement reasonable security measures to protect the privacy and safety of children online.

No physical reports or report data are attached to emails sent from the Heart Zones Move application. Reports or report data can only be viewed through the secure Heart Zones Connect portal requiring account authentication.  No 3rd party email provider is used in the sending of emails.

Data created within the use of the Heart Zones Move and Heart Zones ePE solutions is also stored within the user’s personal device. Users (schools and health clubs) provide appropriate mechanisms and implement reasonable security measures to protect the privacy of their clients. Heart Zones does not have access to any personal information or data nor grants any 3rd party access to any data saved within the user’s device as related to the correct use of the Heart Zones’ solutions.

1. Overview
2. 1. This Service Level Agreement (“SLA”) outlines the service level expectations between Heart Zones, Inc. (“Heart Zones” or “Software Provider”) and the client (“Client”) for software and web portal services provided. The purpose of this SLA is to define the levels of service and support that Heart Zones agrees to provide to the Client.
3. Services
4. 1. Heart Zones agrees to provide the following services to the Client:
   2. 1. Provision of software application (Heart Zones Move and Heart Zones ePE) and web portal (Heart Zones Connect Portal) to enable the Client to access data as per agreed specifications
      2. Assistance with software and web portal installation and configuration
      3. Training and support services for the software and web portal
      4. Bug fixes and software and web portal updates
      5. Regular data backups and recovery processes
      6. Compliance with data requirements governed by regulatory requirements for CIPA, FERPA, and COPPA
      7. Process to recover or secure District’s data upon termination of services
5. Service Levels
6. 1. Heart Zones agrees to meet the following service level objectives:
   2. 1. Provision of software application and web portal that meet the agreed specifications and are free from defects
      2. Assistance with software and web portal installation and configuration within agreed-upon timelines
      3. Training and support services that are provided in a timely and professional manner
      4. Resolution of software and web portal issues reported by the Client within agreed-upon timelines
      5. Regular software and web portal updates and bug fixes
      6. Regular data backups and recovery processes that meet the agreed-upon Recovery Point Objective (RPO) and Recovery Time Objective (RTO)
      7. Compliance with data requirements governed by regulatory requirements for CIPA, FERPA, and COPPA
      8. Process to recover or secure District’s data upon termination of services
7. Escalation Procedures
8. 1. Heart Zones will provide the Client with a point of contact for service-related issues. If Heart Zones is unable to meet the service level objectives specified in this SLA, the following escalation procedures will be followed:
   2. 1. Level 1: The Client will contact Heart Zones’ designated point of contact to report the issue
      2. Level 2: If the issue is not resolved within the agreed-upon timeframes, the Client may escalate the issue to Heart Zones’ account manager or supervisor
      3. Level 3: If the issue remains unresolved, the Client may escalate the issue to Heart Zones’ executive management
9. Service Reporting
10. 1. Upon request, Heart Zones will provide regular reports to the Client detailing the performance of the services provided under this SLA. The report will include information on the availability of the software and web portal, response and resolution times for reported issues, and any outstanding issues. The report will also include details of data backups and recovery processes, as well as compliance with data requirements governed by regulatory requirements for CIPA, FERPA, and COPPA.
11. Service Fees
12. 1. The fees for the software application and web portal services provided under this SLA will be outlined in a separate contract or agreement between the Client and Heart Zones. Any additional services requested by the Client will be subject to additional fees.
13. Security and Confidentiality
14. 1. Heart Zones will take appropriate measures to ensure the security and confidentiality of the data accessed by the Client through the software application and web portal. The Client agrees to comply with all applicable laws and regulations relating to the use of the software application and web portal, as well as data requirements governed by regulatory requirements for CIPA, FERPA, and COPPA.
15. Termination
16. 1. Either party may terminate this SLA with 30 days’ written notice.
17. Force Majeure
18. 1. Heart Zones shall not be liable for any failure or delay in performing its obligations under this SLA if such failure
19. Governing Law
20. 1. This SLA shall be governed by and construed in accordance with the laws of the state of California.

By signing below, the parties agree to the terms and conditions set forth in this IT Service Level Agreement.

1. Overview
2. 1. This document outlines the process that Heart Zones, Inc. (“Heart Zones” or “Software Provider”) will follow to recover or secure customer’s data upon termination of services. The purpose of this document is to ensure that customer data is handled in a secure and responsible manner in the event that the customer decides to terminate the services provided by Heart Zones.
3. Scope
4. 1. This process applies to all customer data that is stored within the Heart Zones software application and web portal, including but not limited to personal information, academic records, and other sensitive data.
5. Process to Recover Customer Data
6. 1. In the event that a customer decides to terminate the services provided by Heart Zones, the following process will be followed to recover customer data:
   2. 1. Upon receipt of written notice from the customer of their intent to terminate services, Heart Zones will immediately begin the process of extracting all customer data from the software application and web portal.
      2. The extracted customer data will be provided to the customer in a mutually agreed-upon format, within a reasonable timeframe.
      3. Heart Zones will securely delete all customer data from its servers and storage devices, in accordance with its data retention policies and applicable laws and regulations.
7. Process to Secure Customer Data
8. 1. In the event that a customer decides to terminate the services provided by Heart Zones and does not request the recovery of their data, the following process will be followed to secure customer data:
   2. 1. Upon receipt of written notice from the customer of their intent to terminate services, Heart Zones will immediately begin the process of securing all customer data within the software application and web portal.
      2. Heart Zones will take appropriate measures to ensure that customer data is not accessible or viewable by unauthorized individuals, including but not limited to deleting or deactivating user accounts and revoking user access privileges.
      3. Heart Zones will securely delete all customer data from its servers and storage devices, in accordance with its data retention policies and applicable laws and regulations.
9. Compliance with Applicable Laws and Regulations
10. 1. Heart Zones will comply with all applicable laws and regulations governing the handling, storage, and deletion of customer data, including but not limited to the Children’s Internet Protection Act (CIPA), the Family Educational Rights and Privacy Act (FERPA), and the Children’s Online Privacy Protection Act (COPPA).
11. Review and Revision
12. 1. This process will be reviewed periodically by Heart Zones to ensure that it remains current and effective. Any necessary revisions to this process will be communicated to customers in writing.

By agreeing to the terms and conditions of the Heart Zones software application and web portal, customers acknowledge that they have read and understood the process outlined in this document regarding the recovery or securement of their data upon termination of services.

TERMS OF USE

Last updated October 31, 2024

Acceptance of Terms:

By using our website or any of our services, you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our website or any of our services.

Modification of Terms:

Heart Zones may modify these Terms of Use at any time and such modifications shall be effective immediately upon posting of the modified Terms of Use on our website. You agree to review these Terms of Use periodically to be aware of such modifications and your continued use of our website or any of our services shall be deemed your conclusive acceptance of the modified Terms of Use.

Use of Content:

All content on our website, including but not limited to, text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Heart Zones or its content suppliers and is protected by U.S. and international copyright laws. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, create derivative works from, sell or otherwise exploit any content on our website without our prior written consent.

Intellectual Property Rights:

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

User Conduct:

You agree to use our website and services only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our website or services by, any third party. You further agree to not use our website or services to harass, abuse, stalk, threaten or otherwise violate the rights of others.

User Generated Contributions:

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Third-Party Website and Content:

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Disclaimer of Warranties:

OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HEART ZONES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SEE SEPARATE PRODUCT WARRANTEE POLICY.

Limitation of Liability:

HEART ZONES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES.

Indemnification:

You agree to indemnify and hold Heart Zones, its officers, directors, shareholders, agents, employees, licensors and suppliers, harmless from any claim, demand, liability, cost, expense, or damages, including reasonable attorneys’ fees, arising out of or related to your use of our website or services.

Governing Law:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of law principles.

Dispute Resolution:

Any disputes arising out of or related to these Terms of Use or your use of our website or services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Termination:

Heart Zones reserves the right, in its sole discretion, to terminate your access to our website or services at

Contact Us:

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Heart Zones, Inc

2636 Fulton Avenue Suite 100

Sacramento, CA 95821

United States

Phone: 9164817283

staff@heartzones.com

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein.

You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site pages or other websites is at your own risk.

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