PLEASE CAREFULLY READ THIS DOCUMENT BEFORE USING OUR WEBSITE AND SERVICES.

1  ​General

This Privacy Policy describes our privacy and data protection practices in connection with our Website (helitar.com) and Services as well as the rights available to you with respect to your Personal Information.

This Website is owned and operated by Alessio Fondacaro (collectively referred to as “We”, “Us” and/or “Helitar”).

For the purposes of this Privacy Policy, “You” and/or “Customer” means any individual who may access and/or browse and/or use our Website and Services.

This Privacy Policy should be understood as a binding agreement between you and us, and is incorporated into and subject to our Terms of Use.

This Privacy Policy guarantees your privacy and data protection rights in accordance with the privacy and data protection laws applicable in the United States of America.

Please read the definitions applicable to this Privacy Policy in Section 19 set out below.

BY ACCESSING, BROWSING AND/OR USING THIS WEBSITE AND OUR SERVICES,INCLUDING THE PURCHASE OF OUR PRODUCTS, YOU ARE EXPRESSLY ACCEPTING AND ELECTRONICALLY PROVIDING YOUR CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS DOCUMENT, YOU SHOULD NOT USE OUR SERVICES AND LEAVE THIS WEBSITE IMMEDIATELY.

2  Application of this Privacy Policy​

This Privacy Policy is only applicable to persons residing in the United States of America who use our Website and Services.

The provisions set forth in this document apply to any personal information collected from our Customers, when they use our Website and Services and also when they communicate with us by email or otherwise.

This Privacy Policy does not apply to any information about our Customers provided by third parties and/or publicly available with no restrictions. We are not responsible for the privacy practices of third parties.

By accepting this Privacy Policy you represent and warrant that you are a resident of the United States of America.

​3  Data Controller

We are  the Data Controller of your Personal Information.

Our details are as follows:

• Business name / Brand: Helitar

• Owner: Alessio Fondacaro

• Address: Via Armando Diaz, Nova Milanese (MB), Italy

• Email: contact@helitar.com

• Website: helitar.com

By accepting this Privacy Policy, you are expressly consenting and agreeing that we are the Data Controller of the information you provide when using this Website and Services.

4  ​Granting Consent

​

By accepting this Privacy Policy you expressly agree to grant us a non-exclusive, worldwide, temporary, revocable, royalty-free, sub licensable, right to exercise the copyright, publicity, and/or any database rights (but no other rights) you have on your Personal Information, in any media now known or that may be known in the future, with respect to your Personal Information, solely for the purpose of enabling us to use the information provided by you for the use of our Website and Services and to avoid the violation of any rights over that information.

We do not collect Personal Information from you or any third party without the prior express consent of the owner of such information.

You have the right to withdraw your consent at any time, in which case you must leave the Website immediately and suspend the use of our Services. If you withdraw your consent, this Privacy Policy will terminate immediately.

By accepting this Privacy Policy you expressly represent and warrant that you are of legal age, and accordingly, in the legal capacity to consent to the collection of your Personal Information in accordance with the applicable laws.

5  ​Information We Collect

We will only ask you for personal information that is necessary for you to use our Website and Services.

We reserve the right to confirm and validate your Personal Information and any other information provided by you at any time. In the event that we determine that the information provided by you is unlawful, fraudulent, erroneous or incorrect (totally or partially), we may in any time and without prior notice, cancel or put on hold any purchase made by you through our Website, including the use of our Services.

All payment methods details entered through our Website are encrypted by us. Communications to and from our payment service providers are also encrypted. We do not provide any Customers' payment method information to any third party, other than our payment service providers, unless required by law, regulation or court order.

The information we collect from you when you use our Website and Services is as follows (“Personal Information” and/or “Information”):

A: Information provided by you:

During the purchase process on our Website, we collect the following Personal Information provided by you:

• Name;

• Last name;

• Address;

• Email address; and

• Payment Method.

We also collect the following information from you once you submit it to us:

• Photo of your vehicle;

• Photo of your vehicle's license plate; and

• Certificate of Registration (Vehicle Title).

We may also collect information from you when you subscribe to our newsletter through our Website.

B: Information automatically collected by us:

We collect the following information automatically when you use our Website and Services:

• Device data, such as device operating system type and version number, manufacturer and model, browser type and IP address; and

• Online activity data, such as browsing and page views, purchased products, among others.

C: Information collected for us by our service providers

We also collect information about your use of our Website and Services through our service providers (e.g. Google, Facebook, Amazon, among others) in order to provide our Services to you and to improve our website and for marketing purposes.

6  Use of your Information

We use your Personal Information to:

• Operate our Website and Services;

• Provide our Services in accordance with our Terms of Use and this Privacy Policy;

• Identify you, in order to provide you with our Services;

• Enable you to purchase our Products;

• Communicate with you about our Website and Services, including sending you updates and support and administrative messages;

• Answer your requests, inquiries and complaints about our Website and Services;

• Provide you support;

• Improve our Website and Services;

• Identifying usage patterns of our Website and Services for identifying potential problems;

• Enable security features of our Website;

• Send you marketing emails related to our Website, Products and Services, including our newsletters, as permitted by law.

• Monitoring your compliance with rules of use of this Website and our Services; and

• Comply with applicable laws and regulations.

7  Retention Period

We may retain and store your Personal Information until necessary but for a limited period of time that may not exceed 1 year, from your last purchase on our Website.

In some circumstances, we may retain your Personal Information for longer periods but in an anonymised form.This means we would delete any information which identifies you personally. We may also retain your Personal Information where such retention is necessary for compliance with a legal or regulatory obligation to which we may be subject to.

8  Deletion of Information

You may, at any time, request us via email to delete your personal information, in which case, upon expiration of the time period set out in Section 7 above, we will delete such information as soon as possible.

If you are a California, Virginia, Colorado, Connecticut or Utah resident, please refer to Section 13 below.

9  Protection of your Information

We guarantee the privacy, confidentiality and protection of your Personal Information, including any other data or information provided by you, and also guarantees that we have implemented physical and electronic security measures, as well as other appropriate administrative procedures to prevent unauthorized or unlawful access by third parties to such Information.

Our data protection and security practices include, but are not limited to:

• The continuous review and updates of our security policies and controls, as technology changes to ensure ongoing Information security;

• Implementation of reasonable and appropriate technical security measures to protect the Information we process, from unauthorized access, alteration, disclosure, loss or destruction;

• Application of the duty of confidentiality for any authorized personnel who processes the Information provided by you;

• Regular audits of the security measures of our Website and Services by requesting third party experts to review our security controls against international standards. These audits help us to further improve our security levels; and

• All Information is encrypted in transit, and where possible specific fields are encrypted at rest using industry recognized cryptographic measures.

10  Information Disclosure

We may share and/or disclose your Personal Information in accordance with applicable laws. Additionally, we must cooperate with law enforcement inquiries, as well as other third parties to enforce laws, as well as to help protect you and us, and all our Customers of any crime or fraud. For this reason, and in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal or fraudulent activity, we may (and you expressly authorize us to) disclose the Personal Information we collect from you, in accordance with this Privacy Policy, without a subpoena. However, in an effort to respect your privacy, we will not otherwise disclose your Personal Information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm, fraud or financial loss; or report suspected illegal or fraudulent activities.

We are committed to notifying you, as soon as possible, in the event that we receive any legal request from a public authority, including judicial authorities, regarding your Personal Information within the limits established by applicable law.

11  Information shared with Third Parties

We do not use, share, sell and/or exchange any of your Personal Information with third parties for any purposes without your express consent. However, in order to enable you to use our Website and Services, we may share your Personal Information with third parties that we hire to perform services or operate on our behalf as our service providers (“Data Processors”). In all cases in which we share your Personal Information with a third party for the purpose of providing you our Services, we will not authorize them to keep, disclose, sell and/or use your information with others except for the purpose of providing the services we asked them to provide.

By accepting this Privacy Policy, you expressly give us authorization to use and share your Personal Information with our Data Processors, under their corresponding privacy conditions, within the limits set in this Privacy Policy.

We are not responsible for the privacy and data protection practices of our service providers and/or any third party. However, we warrant that we have used reasonable efforts to determine that our Data Processors have adequate technical and organizational measures in place and are able to satisfy the privacy, security and data protection parameters used by us.

12  Information Transfer

We are based in Italy and offer our services in the United States of America, so we can transfer, store and process your Personal Information in Italy, United States of America and/or in the countries of our Data Processors.

We will always ensure that our Data Processors are aware of this Privacy Policy and we will urge them and make our reasonable efforts to ensure that they implement the necessary and adequate measures to comply with the privacy, security and data protection parameters set forth herein.

By accepting this Privacy Policy you have expressly given us authorization to transfer your Personal Information to Italy and to the countries of our Data Processors, if necessary, to provide you with our Services.

13  Regulations applicable to California, Virginia, Colorado, Connecticut and  Utah Residents

13.1  California Privacy Rights Act (CPRA).

The California Privacy Rights Act (CPRA), which amended the California Consumer Privacy Act (CCPA), applies to residents of the State of California with respect to Personal Information collected from them by a business in the past 12 months.

If you are a resident of the State of California, you are entitled to the following under the California Privacy Rights Act (CPRA):

• The right to know about the Personal Information we collect about you and how we use and share it;

• The right to delete the Personal Information collected from you (with some exceptions);

• The right to opt-out of the sale or sharing of your Personal Information;

• The right to non-discrimination for exercising your CPRA rights;

• The right to correct inaccurate Personal Information that we collect from you; and

• The right to limit the use and disclosure of sensitive Personal Information collected about you.

Requests about your Personal Information:

If you are a California resident, you may send us your request about your Personal Information (up to two times in a 12-month period) to the following email address: contact@helitar.com . We will respond to your request within 45 calendar days of receipt.

.

13.2  California Online Privacy Protection Act (CalOPPA)

The California Online Privacy Protection Act (CalOPPA) applies to any individual, entity or business operating websites that collect Personal Information from California viewers and/or consumers and/or users.

For the purposes of CalOPPA, we only collect the following "personally identifiable information” (Personal Information) to provide you with our Services: first name; last name; address; email address and payment method.

Pursuant to CalOPPA, we agree to the following:

• You may visit our Website anonymously;

• There is a link to this Privacy Policy on the footer of the homepage of our Website;

• Our Privacy Policy link does include the word "Privacy'" and may easily be found on the footer of our homepage. It is titled "Privacy Policy" very clearly; and

• You will be notified of any Privacy Policy changes on the relevant page of our Website.

13.3  Virginia Consumer Data Privacy Act (VCDPA)

The VCDPA applies to individuals and companies doing business in the State of Virginia or producing products or services directed to Virginia residents.

The Personal Information we collect from users residing in Virginia is: first name; last name; address; email address and payment method.

If you are a resident of Virginia, you will have the right with respect to your Personal Information to request access to and correction of any inaccuracies in your Personal Information and to obtain a copy of your Personal Information.

You may also ask us to delete your Personal Information, in which case we will exclude your Personal Information from our records and will not process or use such Personal Information for any purpose, except as otherwise provided by law

Virginia residents are also entitled to opt out of the processing of Personal Information for the purposes of targeted advertising, the sale of Personal Information, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

Requests about your Personal Information:

If you are a Virginia resident, you may send us your request about your Personal Information to the following email address: contact@helitar.com . We will respond to your request within 45 calendar days of receipt.

Claims and Appeals Process (as of the entry into force of the VCDPA):

If you believe that we have not complied with this Privacy Policy you may submit your request to: [Include email address] and we will respond within 45 calendar days of receipt in accordance with the VCDPA.

You also may file your complaint or appeal with the Virginia Attorney General's Office at 202 North 9th Street, Richmond, Virginia 23219, Phone: (804) 786-2071; or through the following website: https://www.oag.state.va.us.

13.4  Colorado Privacy Act (CPA)

The Colorado Privacy Act (CPA)  will become effective on July 1, 2023.

The CPA will apply to State of Colorado residents and companies doing business in Colorado. This Act protects the privacy rights and personal data protection rights of Colorado residents.

The Personal Information we collect from users residing in Colorado is: first name; last name; address; email address and payment method.

If you are a Colorado resident,  upon the entry into force of the CPA, you have the following rights regarding your Personal Information:

• The right to access any Personal Information about you collected by us

• The right to correctPersonal Information collected from you that is incorrect or out of date;

• The right to have Personal Information collected from you deleted;

• The right to portability of Personal Information; and

• The right to opt-out of data processing for targeted advertising, marketing, or profiling using your Personal Information.

Requests about your Personal Information:

If you are a Colorado resident, once the CPA takes effect, you may send us your request about your Personal Information to the following email address: contact@helitar.com . We will respond to your request within 45 calendar days of receipt.

Claims and Appeals Process  (as of the entry into force of the CPA):

If you believe that we have not complied with this Privacy Policy you may submit your request to contact@helitar.com , and we will respond within 45 calendar days of receipt in accordance with the CPA.

You also may file your complaint or appeal with the Colorado Attorney General's Office at Colorado Department of Law, Ralph L. Carr Judicial Building, 1300 Broadway, 10th Floor, Denver, CO 80203; Phone Number: (720) 508-6000; or through the following website:https://coag.gov/.     

13.5  Connecticut Data Privacy Act (CTDPA)

The Connecticut Data Privacy Act (CTDPA) will become effective on July 1, 2023.

The CTDPA will apply to individuals and entities that conduct business in the State of Connecticut or produce products or services that are targeted to residents of the state, and that control or process the personal data of Connecticut's residents.

The Personal Information we collect from users residing in Connecticut is: first name; last name; address; email address and payment method.

If you are a Connecticut resident, as of the effective date of the CTDPA, you will have the following rights:

• The right to confirm whether we are processing your Personal Information and to access such personal data, unless such actions would reveal a trade secret;

• The right to correct inaccuracies in your Personal Information;

• The right to delete Personal Information provided by or about you;

• The right to obtain a portable copy of your Personal Information to the extent technically feasible and provided that we do not have to disclose any trade secrets; and

• The right to opt out of the processing of your Personal Information for purposes of (i) targeted advertising, (ii) the sale of Personal Information or (iii) profiling in connection with automated decisions that produce legal or similarly significant effects concerning to you as a consumer.

Requests about your Personal Information:

If you are a Connecticut resident, once the CTDPA takes effect, you may send us your request about your Personal Information to the following email address: [Include email address]. We will respond to your request within 45 calendar days of receipt.

Claims and Appeals Process  (as of the entry into force of the CTDPA):

If you believe that we have not complied with this Privacy Policy you may submit your request to [Include email address], and we will respond within 45 calendar days of receipt in accordance with the CTDPA.

You also may file your complaint or appeal with the Connecticut Attorney General's Office at 165 Capitol Avenue Hartford, CT 06106; Phone Number: 860-808-5318; or through the following website: https://portal.ct.gov/AG.

13.6  Utah Consumer Privacy Act (UCPA)

The Utah Consumer Privacy Act (UCPA) will become effective on December 31, 2023.

The UCPA will apply to companies that conduct business in Utah or target products and services to consumers who are residents of Utah.

The Personal Information we collect from users residing in Utah is: first name; last name; address; email address and payment method.

If you are a resident of Utah, as of the effective date of the UCPA, you have the right with respect to your Personal Information to:

• Access and confirm whether we are processing your Personal Information;

• Delete the Personal Information you have provided to us;

• Obtain a copy of the Personal Information you have provided to us to the extent that it is feasible, portable, practical and usable while allowing you to transmit such Personal Information to another business or third party; and

• Opt out of processing for the purposes of targeted advertising or the sale of your Personal Information.

Requests about your Personal Information:

If you are a Utah resident, once the UCPA takes effect, you may send us your request about your Personal Information to the following email address: contact@helitar.com . We will respond to your request within 45 calendar days of receipt.

Claims and Appeals Process  (as of the entry into force of the UCPA):

If you believe that we have not complied with this Privacy Policy you may submit your request to contact@helitar.com , and we will respond within 45 calendar days of receipt in accordance with the UCPA.

You also may file your complaint with the Utah Department of Commerce, Division of Consumer Protection at 160 East 300 South Salt Lake City, UT 84111; Phone Number: (801) 530-6601; or through the following website:https://consumerprotection.utah.gov.

14  Other Applicable Regulations

14.1  Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (COPPA) is intended to prevent  websites, apps and any online marketers from targeting children with deceptive campaigns that extract Personal Information from children.

For purposes of COPPA, we represent that:

• Our Website and Services are not provided and do not exist for a commercial purpose to children under the age of 13;

• We do not in any way collect, any Personal Information from children under the age of 13 through our Website;

• We do not provide our Services to other websites or mobile application by collecting information from users of websites or mobile applications that are directed to children; and

• We do not process, use, share, store, maintain, and/or disclose any Personal Information from children under 13.

If you are a parent or guardian who has discovered that your child under the age of 13 has submitted Personal Information to us, please notify us at: [Include email address]. We will promptly delete the information submitted by your child under 13 from our records, once we receive such notification.

14.2  CAN-SPAM Act

The Controlling the Assault of Non Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), is a law  regulating commercial email which applies to any individual, entity or business that engages in any advertising/marketing of products or  services via email.

In compliance with CAN-SPAM Act, we agree to the following:

• We will not use false or misleading subjects or email addresses.

• We will identify the email message as an advertisement in some reasonable way.

• We will include our business mailing address and/or physical address in our emails.

• We will monitor third-party email marketing services for compliance.

• We will honor opt-out/unsubscribe requests quickly.

• We will allow Customers to unsubscribe by using the appropriate link at the bottom of each email.

How to unsubscribe to our emails:

If at any time you would like to unsubscribe from receiving future emails, you may email us at: [Include email address] or follow the instructions at the bottom of any email you receive from us and we will promptly remove you from future correspondence(s). If you experience any problems unsubscribing, please email us to that email address listed here and we will promptly handle your removal.

15  Cookies

Cookies are widely used in order to make websites work more efficiently and provide a better service and web features for their users. Cookies allow websites to identify and track their users, enabling them to recognize users' needs and preferences as well as provide them with security features.

Cookies are small text files stored on your device by your browser. They're used for many things, such as remembering whether you have used our Website and Services before, so that you remain logged in - or to help us work out how many new Website visitors we get each month.

Cookies, among other things, speed navigation through our Website, keep track of information so that you do not have to re-enter it each time you visit and use our Website, help us provide you with customized content and allow us to learn about your visit.

We only use our Cookies on your device on your prior consent, when you access, browse, register and/or use our Website and Services.

Please note that we may use first party Cookies set up by us, and third-party Cookies set up by our service providers. Our Cookies and their purpose are described below.  

15.1 Consent

By accepting this Privacy Policy you expressly grant us your consent to use Cookies on our Website and collect your Personal Information as stated herein. We do not collect Personal Information from you or any third party without the prior express consent of the owner of such information.

Please note, when you first visit and use our Website we will require your consent to continue with the use of Cookies. By clicking “accept” when you access and/or browse on our Website, you will grant your  express consent to our use of Cookies as described hereof.

15.2  Cookies used by us

A: Strictly Necessary Cookies.

These Cookies are essential for you to browse on our Website and use our Services. They also allow you to access secure areas on our Website.            

These Cookies are required for the operation of our Website. Without them our Services cannot be provided. They do not gather information about you that could be used for marketing purposes.

Please note that these Cookies cannot be restricted or blocked.

B: Performance Cookies.

These Cookies collect information about how you use our Website and  Services, and allow us to know which sections or pages you visit most often and if you get any error messages when you use our Website and Services.

Performance Cookies do not gather information that identifies you. All information collected is anonymous and is strictly used to improve how our Website works. These Cookies are not used by us to collect information with any advertising purposes.

These  Cookies can be restricted or blocked by you. However, please keep in mind that without these Cookies we cannot learn about the performance of our Website and Services and/or make relevant improvements.

C: Functionality Cookies.

These Cookies record information about choices you have made on our Website and App and allow us to customize our Services to you (e.g.  time zone, location or state) and tailor the Website to provide enhanced features and content for you. They also help us improve your online experience when you use our Website and Services, according to your preferences and choices.

The information collected by these Cookies may be anonymous and they cannot track your browsing activity on other websites.

Functionality Cookies can be restricted or blocked. However, keep in mind that without these Cookies, our Website cannot remember choices you have previously made or personalize your browsing experience.

15.3  Third Party Cookies.

We may use services provided by our service providers (such as Google, Facebook, Amazon, among others), in order to evaluate the use of our Website and Services, as well as to compile reports on our Website activity and to measure our Customers' interactions on our Website and Services.

Therefore you may receive Cookies from the third party whilst using our Website and Services.

We do not control the setting of third party Cookies, so it is recommended to check the relevant third-party website for more information about their Cookies and how to manage them.

By accepting this Privacy Policy you expressly grant us your consent to use third party Cookies on our Website and Services, as described in this Section.

15.4  Cookies Purpose.

We only use cookies in order to enable you to use our website and services, including, but not limited to, the following:

• Provide our Services;

• Identify you when you use our Website and Services;

• Store information about your purchases, chosen products, preferences and personalize our Services;

• Implement security measures to protect your Personal Information, including the prevention of any fraudulent use, and to protect our Website and Services;

• Display advertisements that will be relevant to you; and

Analyze the use and performance of our Website and Services.

​

15.5  Cookies Control

​

You may easily control Cookies usage through your browser settings. The help function in your preferred browser should provide you with the correct information.

Please be aware, however, that if you turn off cookies, you may not be able to take full advantage of all of the features of our Website and Services.

16  Changes to this Privacy Policy

We may amend this Privacy Policy, from time to time, in our sole discretion, by posting a revised version on our Website, providing notice on the Website. If you do not agree to the changes adopted, then you must stop the access or use of the Website and Services immediately.

Any modifications to this Privacy Policy will be effective upon our posting of the modified version on our Website (or as otherwise indicated at the time of its posting). In any case, the continued use of our Website and Services after the posting of any change of this Privacy Policy that you express your acceptance of such modifications.

17  Governing Law and Jurisdiction

This Privacy Policy shall be governed by and construed in accordance with the laws in force in Italy, without regard to conflict of laws provisions.

You agree to exercise the personal jurisdiction of the Courts located in Rome, Italy.

18  Contact Us

For any questions, comments, or complaints regarding this, you may address us by sending an email to: contact@helitar.com and that email receipt must be acknowledged by us.

19  Definitions

• “Data Controller” means wix.com / helitar.com.

• “Data Processor” means our service providers.

• “Device" and/or "Devices" means the GPS trackers offered by us through our Website.

• "Payment Methods" means the payment methods referred to in Section 8 of our Terms of Use.

• “Personal Information” and/or “Information” means the information we collect from you when you use our Website and Services, as described in Section 5 of this Privacy Policy.

• “Privacy Policy” means this document that governs our privacy and data protection practices.

• "Product" or "Products" means our Devices and any other products offered by us through our Website.

• “Services” means our services as described in Section 4 of our Terms of Use.

• “Terms of Use” means the document that governs the use of our Website and Services.

• “You” and/or “Customer” means any individual who may access and use our Website and Services in accordance with our Terms of Use and this Privacy Policy.

• "We" and/or "Us" and/or "Helitar" means collectively this Website and Services, owned and operated by Alessio Fondacaro.

• “Website” means helitar.com .

Last Updated: 27/08/2023 - day/month/year