Privacy Policy

1. Introduction

Welcome to Heatseeker! Your privacy is important to us.

This Privacy Policy describes how Heatseeker, Inc. and its wholly-owned subsidiary Heatseeker Technologies Pty Ltd (in either case, “Heatseeker”, “we”, “us”, or “our”) collect, use, share, and protect your personal information when you use our platform, products, mobile applications, websites, and related services (collectively, the “Services”).

This Privacy Policy explains how we handle the personal information of our business customers and prospects, as well as the personal information of consumers whose information we process through our Services. The Services we provide to our business customers include:

• Surveying and analyzing consumer preferences;
• Developing and enhancing audiences and marketing segments; and
• Placing and serving advertisements and surveys on third-party websites and services.

If you have any questions, concerns, or requests regarding this Policy or your personal information, please contact us at:

Email: privacy@heatseeker.ai

Data Protection Officer: dpo@heatseeker.ai

2. What Information We Collect

We collect information to provide, maintain, and improve our Services, to ensure security, and to comply with legal obligations. The types of personal information we collect depend on how you interact with Heatseeker, and may include:

2.1 Consumer Information

• Form information: We may collect information that consumers provide in response to forms, surveys, or campaigns developed in collaboration with our business customers. This information may include brand preferences, location, name, email, demographics, and other attributes. In some cases, consumers may choose to share sensitive personal information, such as race or ethnicity, health status, or sexual orientation, on a voluntary basis and only where legally permitted. We do not intentionally solicit or require sensitive personal data, and any such data is provided at the user's discretion. Please do not submit sensitive personal information unless it is essential for the stated survey purpose.
• Geolocation information: We may automatically collect geolocation information from the consumer's device via their browser or mobile device location services.
• Internet activity information: We may collect or receive information about how consumers visit, use, and interact with the Services, including the advertisements and surveys that consumers view or click on, navigation and browsing patterns, purchases and advertising conversions, web traffic information, IP addresses, browser type and settings, and other log information.
• Device information: We collect information about the devices that consumers use to view or access our Services, including the name of the device, operating system, and browser. Information collected may depend on the type of device and its settings.

2.2 Communications and Marketing Data

• Preferences for receiving marketing communications and details of your engagement with those communications
• Form responses, feedback, or participation in Heatseeker events, promotions, or beta programs

2.3 Website Visitor and Business Contact Data

• Visitor identification: When you visit our websites, our visitor identification providers may use your IP address, cookies, and similar technologies to identify the company you work for and, for visitors in the United States, your name, business email address, job title, company, and LinkedIn profile.
• Website chat: If you use the AI chat assistant on our websites, we record the conversation and any information you provide in it, such as your name, email address, and company, and may add it to our customer relationship management (CRM) system.

We may combine information collected from different sources for the purposes described in this Policy.

3. How We Collect Information

We collect personal information in several ways, depending on how you interact with Heatseeker:

3.1 Information You Provide Directly

We collect information that you provide to us, such as when you:

• Communicate with our support team or participate in customer research
• Engage with experiments as a consumer, provide feedback, join promotions or events, or apply for a role at Heatseeker
• Chat with the AI assistant on our websites, book a demo, or fill in a form (conversations with the assistant are recorded)

3.2 Information Collected Automatically

When you use or interact with our Services, we automatically collect certain information, including:

• Device and browser details, IP address, access times, and referring URLs
• Log data and analytics on your activity within our platform (such as pages visited, features used, and usage patterns)
• Information collected through cookies, web beacons, log files, and similar technologies
• The company you work for and, for visitors in the United States, your professional contact details, identified from your IP address and cookies by our visitor identification providers (see Section 2.3)

3.3 Information from Third Parties

We may receive information about you from third-party sources, such as:

• Service providers, business partners, affiliates, or resellers
• Third-party integrations or platforms you connect to your account (for example, Google or Microsoft for single sign-on, or Meta and LinkedIn for experiments)
• Publicly available sources, social media platforms, or marketing partners
• Visitor identification and data partners, which may associate your visit to our websites with professional contact information they or others hold about you

3.4 Information Collected by Cookies and Similar Technologies

We use cookies and similar tracking technologies to collect information about how you interact with our Services. This information helps us improve user experience, provide security, analyze trends, and deliver relevant advertising.

You can manage your cookie preferences through your browser settings or within our Services where available. For more details, please see our Cookies, Tracking, and Analytics section.

We may combine information collected through these methods for the purposes described in this Privacy Policy.

4. How We Use Your Information

We use your personal information for a variety of business and operational purposes, and always in accordance with applicable data protection laws, such as the General Data Protection Regulation (GDPR), U.S. state privacy laws, and the Australian Privacy Act. The legal basis for our use of your information may be your consent, the performance of a contract, our legitimate business interests, or compliance with legal obligations, as described below.

4.1 Improving and Developing Our Services

We analyze usage and technical data to improve our platform, develop new features, conduct research, and ensure a positive user experience.

Our legal basis: These activities are based on our legitimate interest in understanding and enhancing our Services. Where we use data for optional product improvements or research, we may ask for your consent.

4.2 Communications and Customer Support

We use your information to communicate with you about your account, respond to your requests, provide customer support, and send important administrative information (such as security alerts or updates to our terms and policies).

Our legal basis: This processing is necessary for the performance of our contract with you, for compliance with legal obligations, and/or based on our legitimate interests in responding to your inquiries and managing our customer relationships.

4.3 Personalization and Marketing

We may use your information to personalize your experience, provide content or recommendations, and send you marketing communications, newsletters, surveys, or information about our products, services, and events.

Our legal basis: We do this with your consent where required by law (for example, when you opt in to marketing), or, in some cases, based on our legitimate interests. You can withdraw your consent or adjust your preferences at any time.

4.4 Security and Fraud Prevention

We use information to protect the security of our Services, users, and business, and to detect, prevent, or address fraud, abuse, or other harmful activity.

Our legal basis: This processing is necessary to comply with our legal obligations and to pursue our legitimate interests in keeping our Services secure.

4.5 Compliance and Legal Obligations

We process personal information to comply with applicable laws and regulations, to respond to lawful requests from authorities, and to establish, exercise, or defend legal claims.

Our legal basis: We do this where necessary to comply with our legal obligations.

4.6 Use in Artificial Intelligence and Analytics

We may use information to improve, develop, and train our artificial intelligence and analytics systems. We will only use your personal information for model training or product improvements with your consent or where permitted by law. In some cases, we may use aggregated or de-identified data for these purposes.

Our legal basis: Your consent (where applicable), or our legitimate interests (when using aggregated or de-identified data).

4.7 Other Purposes With Notice and Consent

We may use your information for any other purpose disclosed to you at the time we collect your information, or with your explicit consent.

Our legal basis: Your consent.

We will not use your personal information for materially different or incompatible purposes without providing you with notice and, where required, obtaining your consent.

4.8 Sales Prospecting and Website Visitor Identification

We use website visitor and business contact data (Section 2.3) to understand which companies are interested in our Services, to follow up with business prospects, and to respond to website chat conversations.

Our legal basis: Our legitimate interests in understanding interest in our Services and promoting them to businesses. Where the law requires your consent, we ask for it first: through our cookie banner for the cookies and similar technologies used to identify visitors, and separately before we send you marketing communications. Accepting cookies is not consent to receive marketing. Every marketing message tells you how to stop receiving them, and you can opt out at any time (see Section 8.11).

5. How We Share & Disclose Your Information

We share your personal information only as necessary to operate our business, provide our Services, and comply with applicable law. We do not sell your personal information for money. However, our business is to use the data we collect, show ads that may be relevant to your interests, and provide information to our business customers for such purposes, and we allow advertising and visitor identification partners to collect information on our websites. Under some laws, including U.S. state privacy laws, these activities may constitute “selling” or “sharing” personal information or processing it for targeted advertising. You can opt out as described in Section 8.11.

5.1 Service Providers and Subprocessors

We may share your information with trusted service providers, advisors, and subprocessors who assist us in operating our platform, processing payments, delivering emails, providing analytics, hosting data, supporting customer service, identifying website visitors, operating website chat and our CRM, or providing other essential business functions (see Section 10.3 for the website tools we use).

5.2 Business customers

We may disclose or otherwise make available consumer personal information to our business customers in the course of our Services to them.

5.3 Affiliates and Corporate Group

We may share your information with our corporate affiliates, subsidiaries, and parent company as needed to deliver the Services or for internal business operations.

All such entities are required to process your information in accordance with this Privacy Policy.

5.4 Legal, Regulatory, and Safety Disclosures

We may disclose your information to law enforcement, government authorities, courts, or third parties:

• To comply with legal obligations, regulatory requirements, court orders, or enforceable government requests;
• To protect the rights, property, or safety of Heatseeker, our users, or the public;
• To establish, exercise, or defend legal claims;
• To investigate or prevent fraud, abuse, security incidents, or other potentially prohibited or illegal activities.

5.5 Business Transfers

In the event of a merger, acquisition, financing, reorganization, sale of assets, insolvency, bankruptcy, or other corporate transaction, your information may be transferred as part of that transaction, subject to the promises made in this Privacy Policy.

5.6 With Your Consent or at Your Direction

We may share your information with third parties for any other purpose disclosed to you and with your consent, or when you direct us to do so.

5.7 Aggregated or De-Identified Data

We may share aggregated or de-identified information, which cannot reasonably be used to identify you, for research, analytics, or marketing purposes.

5.8 Lead Data and Instant Form Submissions

If you provide information through lead generation forms, instant forms, or similar features for the purpose of connecting with a Heatseeker client or partner, we may share that information with the relevant client, partner, or sponsor, as consistent with the context and intent of your submission.

In certain cases, the identity of the client, partner, or sponsor may not be disclosed to you at the time of collection (for example, where the campaign is conducted on behalf of an “incognito” brand or for market research purposes). When this occurs, your information will only be shared as necessary to fulfill the stated purpose of the form, in line with applicable law and our contractual obligations.

If you have questions about how your data is used or wish to know more about the recipients of your information, you may contact us at privacy@heatseeker.ai.

6. International Data Transfers

Heatseeker operates globally. This means your personal information may be transferred to, processed, and stored in countries outside of your own, including countries that may have different data protection standards than those in your home jurisdiction.

6.1 Transfers Outside Your Jurisdiction

We may transfer your personal information to our affiliates, service providers, partners, or subprocessors located in countries outside of your jurisdiction (for example, Australia, the United States, the European Economic Area, or other regions where Heatseeker or its partners operate). We do this as necessary to provide our Services, fulfill contractual obligations, and operate our business efficiently.

6.2 Safeguards for International Transfers

Where the law of the place your personal information comes from restricts transfers abroad, we transfer it only as that law permits and take appropriate measures to keep it protected. Depending on the law, these include:

• Transferring it to countries that the relevant authority recognizes as providing adequate protection;
• Using Standard Contractual Clauses (SCCs) or other transfer mechanisms approved by the relevant authority;
• Assessing the risks of the transfer where required, and adopting additional contractual, organizational, and technical measures to protect your data;
• Limiting the information transferred to what is necessary for the purpose.

6.3 Your Rights and Information

You may request more information about the specific safeguards applied to the international transfer of your personal data. You may do so by contacting us at privacy@heatseeker.ai.

6.4 Data Processing Locations

Your data may be stored and processed in Australia, the United States, the European Union, or any other country where Heatseeker or its service providers maintain facilities.

6.5 Compliance

We ensure that all international data transfers are carried out in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and other relevant legal requirements.

7. Data Retention & Deletion

We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, to provide our Services, to comply with legal and contractual obligations, to resolve disputes, and to enforce our agreements. Our data retention and deletion practices are governed by internal controls and procedures.

7.1 Retention Periods

The period for which we retain your personal information depends on the type of data, its purpose, and applicable legal and regulatory requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information, the purposes for which we use personal information, and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements

7.2 Secure Deletion and Anonymization

When personal information is no longer needed, we securely delete or anonymize it using processes and controls consistent with industry standards and our SOC 2 Type II compliance program. We log and monitor deletion activities to verify adherence to our policies and regulatory obligations.

7.3 User-Initiated Deletion

You may request deletion of your personal information or closure of your account (as applicable) at any time by contacting us at privacy@heatseeker.ai or using the tools provided within our Services (where available).

Upon verified request, we will delete or anonymize your personal information within a reasonable period, except where retention is required for legal, regulatory, or contractual purposes.

Residual data in backup or archival systems will be deleted in accordance with our backup data retention schedules and will not be used for any active business purposes.

7.4 Data Retention for Legal, Regulatory, or Contractual Purposes

We may retain certain information as required to comply with our legal, tax, regulatory, or contractual obligations, to resolve disputes, enforce agreements, or as otherwise permitted by law. In such cases, your data will only be used for those necessary purposes.

8. Your Rights & Choices

Heatseeker is committed to providing all users with transparency, control, and meaningful choices regarding their personal information. Depending on where you are located and the laws that apply (such as the GDPR, U.S. state privacy laws, or the Australian Privacy Act), you may have the following rights and options regarding your personal data:

8.1 Information, Access and Correction

You have the right to be informed about how we collect and use your personal information, which this Policy is intended to provide. You may request access to the personal information we hold about you, including a copy in a readable format, and request that it be corrected or updated if it is inaccurate or incomplete.

8.2 Deletion (Right to be Forgotten)

You may request the deletion, removal, or destruction of your personal information in certain circumstances, for example, if it is no longer needed for the purposes for which it was collected or if you withdraw your consent.

8.3 Restriction and Objection

You may request that we restrict the processing of your personal information or object to certain processing activities, including direct marketing and profiling.

8.4 Data Portability

You may request a copy of your personal information in a structured, commonly used, and machine-readable format, and may request that we transfer this data to another service provider where technically feasible.

8.5 Withdraw Consent

If we process your personal information based on your consent, you may withdraw your consent at any time. This does not affect the lawfulness of any processing carried out before withdrawal.

8.6 Marketing Preferences & Opt-Out

You may opt out of receiving marketing communications from us at any time by following the unsubscribe link in our emails, updating your preferences in your account, or contacting us directly.

8.7 Automated Decision-Making

Where our Services involve automated decision-making that produces legal or similarly significant effects, you have the right to request human intervention, express your viewpoint, and contest the decision.

8.8 Non-Discrimination

Exercising your privacy rights will not result in any discriminatory treatment or denial of Services.

8.9 Lodge a Complaint

If you have concerns about your privacy or how your personal information is handled, you have the right to contact us and, if you are not satisfied with our response, to escalate your complaint to a relevant data protection authority (for example, your local data protection authority in the EEA or UK, or the Office of the Australian Information Commissioner).

8.10 How to Exercise Your Rights

To exercise any of these rights, please contact us at privacy@heatseeker.ai or use the tools provided in our Services (where available).

We may need to verify your identity before processing your request and will respond within 30 days of receiving your request, unless applicable law allows longer.

8.11 Opt Out of Sale, Sharing, Targeted Advertising, and Visitor Identification

You can opt out of the “sale” or “sharing” of your personal information, targeted advertising, and website visitor identification at any time:

• Cookie settings: turn off advertising cookies using our cookie settings (also linked in the heatseeker.ai footer).
• Global Privacy Control: if your browser sends a Global Privacy Control (GPC) signal, we treat it as a request to opt out: our visitor identification and chat tools do not load, and Google advertising cookies are not set.
• Visitor identification: opt out with our visitor identification provider at app.retention.com/optout.
• By email: email privacy@heatseeker.ai to opt out of the sale or sharing of your personal information or of sales follow-up, and we will stop contacting you and delete your prospect record.

9. Security Practices

We take the security of your personal information seriously and are committed to protecting it through industry-leading technical, organizational, and administrative safeguards. However, no Internet or e-mail transmission is ever fully secure or error free.

10. Cookies, Tracking, and Analytics

We use cookies and similar tracking technologies to enhance your experience, improve our Services, and support our business operations.

10.1 What Are Cookies?

Cookies are small text files stored on your device when you visit our website or use our platform. Cookies enable us to recognize your browser or device, remember your preferences, and provide core functionality.

10.2 Types of Cookies We Use

• Essential Cookies: Necessary for the operation of our Services, such as enabling you to log in and access secure areas.
• Performance and Analytics Cookies: Help us understand how you use our Services, measure site performance, and improve user experience (for example, through aggregated usage statistics).
• Functional Cookies: Allow us to remember your preferences and customize your experience.
• Advertising and Targeting Cookies: Used to deliver relevant advertisements to you on our Services and third-party platforms, and to measure the effectiveness of our marketing campaigns.

10.3 Third-Party Cookies and Analytics

We may allow trusted third-party partners (such as analytics providers and advertising networks) to set cookies or use similar technologies on our Services. These partners may collect information about your online activities over time and across different websites and services.

On our websites we use: Google Analytics and Google Ads (analytics, advertising and conversion measurement), Amplitude (product and website analytics), HubSpot (CRM, forms, and marketing analytics), Ahrefs Web Analytics (cookieless website analytics), Storylane (interactive demos and our AI chat assistant, which may identify your company from your IP address), RB2B (website visitor identification), and YouTube (embedded videos, in privacy-enhanced mode).

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout. For other opt-out choices, see Section 8.11.

10.4 Your Choices and Controls

You can control and manage cookies in several ways:

• Browser Settings: Most web browsers allow you to control cookies through your browser settings. You can choose to block or delete cookies, or to alert you when cookies are being set.
• Cookie Banner and Settings: Where the law requires it, we ask for your consent before setting non-essential cookies. Elsewhere, we may use them by default and you can opt out. You can change your choices at any time using the “Cookie settings” link in the heatseeker.ai footer.
• Opt-Out Tools: You can opt out of certain third-party cookies and tracking technologies using tools such as the Google Analytics Opt-out Browser Add-on or by adjusting your device settings for mobile ad tracking.

Please note that disabling or blocking certain cookies may impact the functionality and performance of our Services.

10.5 Do Not Track

Our Services do not currently respond to “Do Not Track” signals from browsers, because no consistent industry standard has been adopted. We will review and update our practices if such standards emerge. We do honor Global Privacy Control (GPC) signals, as described in Section 8.11.

10.6 More Information

For more information about the cookies and tracking technologies we use, or to update your preferences, please contact us at privacy@heatseeker.ai.

11. Children's Privacy

Our Services are not intended for, and may not be used by, anyone under the age of 18. We do not knowingly collect personal information from children under 18. If you believe that a child under 18 has provided us with personal information, please contact us at privacy@heatseeker.ai, and we will take steps to delete such information as required by applicable law.

12. Automated Decision-Making & Artificial Intelligence (AI)

Some features of the Heatseeker Platform use artificial intelligence (AI) and machine learning technologies to analyze customer-supplied and other data, identify market patterns, and generate data-driven insights. These features are designed to help you understand market responses, audience segments, and experiment results.

12.1 Transparency, Control, and Updates

We are committed to transparency regarding our use of AI and data.

• You may request additional information about how AI is used in the Platform, including the logic involved and potential impacts.
• Where required by law, you have the right to object to or opt out of decisions based solely on automated processing that produce legal or similarly significant effects, and to request human intervention or review.
• Any material changes to our AI-related features or practices will be communicated to you in advance.

12.2 Human Oversight

All automated processing is subject to human oversight and regular review to ensure accuracy, fairness, and compliance with applicable laws.

12.3 Contact

If you wish to exercise your rights regarding automated decision-making or AI processing, or if you have questions about how these systems operate, please contact us at privacy@heatseeker.ai.

13. Third-Party Services & Links

Our Services may contain links to websites, applications, or services operated by third parties, or allow you to integrate or connect with third-party services (such as marketing platforms, analytics tools, or social media networks).

13.1 Links to External Sites

Our Services may include links to external websites or resources operated by parties other than Heatseeker. We do not control, endorse, or take responsibility for the content, privacy practices, or operations of these third-party sites.

14. Changes to This Privacy Policy

We may update or modify this Privacy Policy from time to time to reflect changes in our business, legal requirements, or our data practices.

If we make material changes to this Privacy Policy, we will provide you with notice in advance, such as by sending an email to the address associated with your account, posting a notice within our Services, or by other reasonable means.

The effective date of any update will be indicated at the top of the Privacy Policy. Your continued use of our Services after the revised Privacy Policy becomes effective constitutes your acceptance of those changes.

We encourage you to review this Privacy Policy periodically to stay informed about how we protect your information.

If you have any questions about this Privacy Policy or our data practices, please contact us at privacy@heatseeker.ai.

15. Contact Information

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us using any of the following methods:

Email: privacy@heatseeker.ai

Address: Heatseeker, Inc., 7 Orchard Way, Kentfield, 94904, California

Data Protection Officer: dpo@heatseeker.ai

We are committed to responding to all privacy inquiries promptly and to working with you to resolve any concerns about your personal information.