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Terms of Use
Last updated June 2, 2021
For Maps Only
Maps are for personal use only and should not be used for navigation. Additional proofs or changes beyond the three included in our packages will incur additional fees, billed at our current hourly rate.
A map purchase does not include any editable files such as Adobe Illustrator, ArcGIS maps or shapefiles. It does not include any physical prints or items, although you may use the high-resolution files to make your own prints.
For Puzzles Only
Additional proofs or changes beyond the three included in our packages will incur additional fees, billed at our current hourly rate.
A puzzle purchase does not include any editable files such as Adobe Illustrator, ArcGIS maps or shapefiles. It does not include any physical prints or items other than the puzzle from Portrait Puzzles (if included in order), although you may use the high-resolution files to make your own prints.
Referral Program
HipMaps offers a referral program for purchase of a Custom Wedding Map, Custom Special Event Map, Custom Vacation Rental Map, Custom Business Map, Custom Winery Map, or Custom Vineyard Map. The purchase of any other HipMaps products are not eligible for referral gifts. For each person or business who purchases one of the previously listed custom maps as a direct result of your referral, we will send you either a $50 gift card or a custom Spark Joy Box as a token of our appreciation. Only one referral gift will be given per purchase of previously listed custom maps.
Coupon Codes
HipMaps coupon codes may be used during the checkout process by entering the code in its entirety in the promotion code field during the checkout process. We reserve the right to restrict coupon codes to apply to certain products only. You may use only one promotion code per order. Coupons are not redeemable for cash, are available for a limited time, while supplies last and cannot be used once expired. In some cases coupon codes can only be redeemed once per person. If you encounter problems using a coupon code please email us at Hello@HipMaps.com
Links to Other Websites
HipMaps contains links to third-party websites that are not under our control. We make no claim and accept no responsibility regarding the nature, quality, or reliability of the third-party websites that are accessible by hyperlinks from our site. We provide these links as a convenience and the inclusion of these links does not imply that we endorse them or any association with the operators of the third-party sites. You are responsible for abiding and viewing the privacy statements and terms of use posed at any of those third-party sites.
Accuracy of Information on the Site
HipMaps does our best to ensure that information on our site is accurate, complete, and current. However, despite our efforts information on the site may sometimes be incomplete, inaccurate, or out of date. All descriptions, prices, and products on the site are subject to change, at any time, without notice. We obviously will make all reasonable efforts to accurately describe our products and provide example images, however we do not warrant the completeness or accuracy of the content, information, or materials provided through the site. We also reserve the right to discontinue any product at any time.
Governing Law & Disputes
All legal issues arising under these terms will be governed by the law of the State of California, United States of America. California law applies to terms and any disputes related to the terms. Any dispute or claim relating to your use of HipMaps services will be resolved by arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.
Warranty
HipMaps products, including digital files, are provided “as is” without warranty of any kind. HipMaps disclaims all warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose.
Intellectual Property
HipMaps site and all of its materials, including, but not limited to, its software or HTML code, scripts, images, videos, text, photographs, artwork, and audio (collectively, ‘Materials’) are protected by copyright laws and other U.S. and International laws and treaties and are property of HipMaps or its licensors. All Materials are provided through the site as a service to its current and prospective visitors and may be used only for informational and personal purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No title, right, or interest in HipMaps materials is conveyed to you. You may not copy, modify, create derivative works from, transmit, distribute, reproduce, publish, perform, display, post, sell, license, or otherwise exploit the site or any of its Materials without our prior written permission: you may not access or use the site for any competitive or commercial purpose, nor may you permit any copying of our Materials. Any unauthorized transmission, performance, copying, display, alteration, distribution, or other use of the Materials is prohibited. Any and all rights not expressly granted are reserved by HipMaps, as applicable. HipMapsTM is a registered trademark.
Disclaimer of Liability
HipMaps disclaimer of liability applies to any injury or damages caused by any failure of omission, error, performance, interruption, defect, deletion, delay of operation or transmission, communication failure, computer virus, destruction or theft or unauthorized access to, use of record, or alteration of, whether for breach of contract, negligence, tortious behavior, or under any other cause of action. You specifically acknowledge HipMaps is not liable for the offensive, defamatory, or illegal conduct of other customers or third parties and that the risk of injury from the foregoing rests entirely with you. Neither we or any of our affiliates, agents, or content providers shall be liable for any direct, incidental, indirect, consequential, or special damages arising out of use of our services or inability to gain access to or use our services or out of any breach of warranty. You hereby acknowledge that the provisions of this section applies to all content on our site and our services.
Refunds & returns
For maps: If, within 30 days of your date of purchase and prior to submitting your map form to us, you would like a refund on your purchased map you may request one by emailing Rachel@HipMaps.com. We would love to know what went wrong and how we can improve, so please include details about the reason for your refund request. We will process the refund as quickly as possible and within 5 business days. Please note that your financial institution can take several additional days for the refund to reflect on your mode of purchase. Due to the custom nature of this service, there will be no refunds or returns after 30 days of your date of purchase or after your map form has been submitted to us.
For puzzles: If, within 30 days of your date of purchase and prior to submitting your puzzle form to us, you would like a refund on your purchased puzzle, you may request one by emailing Rachel@HipMaps.com. We would love to know what went wrong and how we can improve, so please include details about the reason for your refund request. We will process the refund as quickly as possible and within 5 business days. Please note that your financial institution can take several additional days for the refund to reflect on your mode of purchase. Due to the custom nature of this service, there will be no refunds or returns after 30 days of your date of purchase or after your puzzle form has been submitted to us.
For puzzles: HipMaps provides a money-back guarantee for the jigsaw puzzle manufactured by Portrait Puzzles: if you are not happy with the quality of puzzle that Portrait Puzzles produces from your approved proof, we will refund you the cost of the puzzle – note that you will have to return the puzzle to us first. Upon receipt of your rejected puzzle we will issue the refund as quickly as possible and within 5 business days. Please note that your financial institution can take several additional days for the refund to reflect on your mode of purchase. We cannot refund a puzzle if you selected the wrong puzzle size or number of pieces, so please take care with the selection and let us know if you have any questions.
Shipping & Delivery
For maps: All products are digital files which will be delivered by email or file transfer site (e.g. Dropbox). No physical files will be delivered. Within 3 weeks of your form submittal we will send you the first draft of your map. After we review the draft map with you via a video call we will deliver a second draft of your map within 5 days. If you have additional changes we will deliver a third draft of your map within 3 days. If you have additional changes beyond the third draft we will commence charging our normal hourly rate and deliver additional drafts within 3 days of receipt of requested changes. All approved, final files will be delivered within 3 days of proof approval.
For puzzles: All digital files will be delivered by email or file transfer site (e.g. Dropbox). Within 2 weeks of your custom puzzle form submittal we will send you the first draft of your custom puzzle. Within 1 week of your geography puzzle form submittal we will send you the first draft of your geography puzzle. We will deliver a second draft of your puzzle within 5 days of receipt of your comments. If you have additional changes we will deliver a third draft of your puzzle within 3 days. If you have additional changes beyond the third draft we will commence charging our normal hourly rate and deliver additional drafts within 3 days of receipt of requested changes. All approved, final digital files will be delivered within 3 days of proof approval.
For puzzles: If your purchase includes a puzzle manufactured by Portrait Puzzles, we will submit your approved, final file to Portrait Puzzles within 3 days of proof approval. Portrait Puzzles commits to creating your puzzle and shipping it as fast as they can, often within 3 days of receipt of the final file. Puzzles will be shipped directly from Portrait Puzzles by USPS Priority Mail. Shipping by USPS Priority Mail is free to United States addresses. Shipping by UPS may be available for an additional charge, please contact us for pricing and availability.
Terms of Sale
By placing an order with HipMaps, you are 1) representing that you are of legal age to form a binding contract, 2) offering to purchase a product, and 3) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. Your receipt of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request. We reserve the right to refuse service to you and to limit the number of items ordered without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we have the right to cancel or refuse any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made, or if your account has been charged for the purchase and then the order is canceled, we will credit your account in the amount of the incorrect price.
HipMaps Application
HipMaps is licensed to You (End-User) by Rachel LeRoy Consulting LLC DBA HipMaps, located at PO Box 2211, Sonoma, California 95476, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore or Google Play store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and Google are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Rachel LeRoy Consulting LLC DBA HipMaps, not Apple or Google, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest Apple App Store Terms of Service and Google Play Terms of Service. Rachel LeRoy Consulting LLC DBA HipMaps acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
- THE APPLICATION
HipMaps (hereinafter: Application) is a piece of software created to provide a means for custom maps to be viewed on smartphones in real-world coordinates – and customized for Apple and Google mobile devices. It is used to allow users to see their location on their hosts’ custom map.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
- SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded or Google-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions or Google Terms and Conditions, and with Rachel LeRoy Consulting LLC DBA HipMaps’ prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Rachel LeRoy Consulting LLC DBA HipMaps’ prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
- TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
- MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Rachel LeRoy Consulting LLC DBA HipMaps and the End-User acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
- USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://HipMaps.com/privacy.
- USER GENERATED CONTRIBUTIONS
The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, 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
Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- 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.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the
Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
- 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 or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- 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.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
- CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
- LIABILITY
8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use.
You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
8.2 Licensor takes no accountability and responsibility in case of Google Maps directions are inaccurate.
- WARRANTY
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Rachel LeRoy Consulting LLC DBA HipMaps’ sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify Rachel LeRoy Consulting LLC DBA HipMaps about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of seven (7) days after discovery.
9.4 If we confirm that the Application is defective, Rachel LeRoy Consulting LLC DBA HipMaps reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
9.7 Rachel LeRoy Consulting LLC DBA HipMaps makes no warranty or promise that the Application will remain free of charge.
- PRODUCT CLAIMS
Rachel LeRoy Consulting LLC DBA HipMaps and the End-User acknowledge that Rachel LeRoy Consulting LLC DBA HipMaps, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
- product liability claims;
- any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
- LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
- CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Rachel LeRoy
Rachel LeRoy Consulting, LLC DBA HipMaps
PO Box 2211
Sonoma, CA 95476
United States
Hello@HipMaps.com
- TERMINATION
The license is valid until terminated by Rachel LeRoy Consulting LLC DBA HipMaps or by You. Your rights under this license will terminate automatically and without notice from Rachel LeRoy Consulting LLC DBA HipMaps if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
- THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Rachel LeRoy Consulting LLC DBA HipMaps represents and warrants that Rachel LeRoy Consulting LLC DBA HipMaps will comply with applicable third party terms of agreement when using licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof. Also In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Google and Google’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
HipMaps uses the Google Maps Platform API, therefore by using the HipMaps application You are additionally bound by Google’s Terms of Service.
- INTELLECTUAL PROPERTY RIGHTS
Rachel LeRoy Consulting LLC DBA HipMaps and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the
End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Rachel LeRoy Consulting LLC DBA HipMaps, and not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
- APPLICABLE LAW
This license agreement is governed by the laws of the State of California excluding its conflicts of law rules.
- MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
For maps: If, within 30 days of your date of purchase and prior to submitting your map form to us, you would like a refund on your purchased map you may request one by emailing Rachel@HipMaps.com. We would love to know what went wrong and how we can improve, so please include details about the reason for your refund request. We will process the refund as quickly as possible and within 5 business days. Please note that your financial institution can take several additional days for the refund to reflect on your mode of purchase. Due to the custom nature of this service, there will be no refunds or returns after 30 days of your date of purchase or after your map form has been submitted to us.
For puzzles: If, within 30 days of your date of purchase and prior to submitting your puzzle form to us, you would like a refund on your purchased puzzle, you may request one by emailing Rachel@HipMaps.com. We would love to know what went wrong and how we can improve, so please include details about the reason for your refund request. We will process the refund as quickly as possible and within 5 business days. Please note that your financial institution can take several additional days for the refund to reflect on your mode of purchase. Due to the custom nature of this service, there will be no refunds or returns after 30 days of your date of purchase or after your puzzle form has been submitted to us.
For puzzles: HipMaps provides a money-back guarantee for the jigsaw puzzle manufactured by Portrait Puzzles: if you are not happy with the quality of puzzle that Portrait Puzzles produces from your approved proof, we will refund you the cost of the puzzle – note that you will have to return the puzzle to us first. Upon receipt of your rejected puzzle we will issue the refund as quickly as possible and within 5 business days. Please note that your financial institution can take several additional days for the refund to reflect on your mode of purchase. We cannot refund a puzzle if you selected the wrong puzzle size or number of pieces, so please take care with the selection and let us know if you have any questions.
For maps: All products are digital files which will be delivered by email or file transfer site (e.g. Dropbox). No physical files will be delivered. Within 3 weeks of your form submittal we will send you the first draft of your map. After we review the draft map with you via a video call we will deliver a second draft of your map within 5 days. If you have additional changes we will deliver a third draft of your map within 3 days. If you have additional changes beyond the third draft we will commence charging our normal hourly rate and deliver additional drafts within 3 days of receipt of requested changes. All approved, final files will be delivered within 3 days of proof approval.
For puzzles: All digital files will be delivered by email or file transfer site (e.g. Dropbox). Within 2 weeks of your custom puzzle form submittal we will send you the first draft of your custom puzzle. Within 1 week of your geography puzzle form submittal we will send you the first draft of your geography puzzle. We will deliver a second draft of your puzzle within 5 days of receipt of your comments. If you have additional changes we will deliver a third draft of your puzzle within 3 days. If you have additional changes beyond the third draft we will commence charging our normal hourly rate and deliver additional drafts within 3 days of receipt of requested changes. All approved, final digital files will be delivered within 3 days of proof approval.
For puzzles: If your purchase includes a puzzle manufactured by Portrait Puzzles, we will submit your approved, final file to Portrait Puzzles within 3 days of proof approval. Portrait Puzzles commits to creating your puzzle and shipping it as fast as they can, often within 3 days of receipt of the final file. Puzzles will be shipped directly from Portrait Puzzles by USPS Priority Mail. Shipping by USPS Priority Mail is free to United States addresses. Shipping by UPS may be available for an additional charge, please contact us for pricing and availability.
By placing an order with HipMaps, you are 1) representing that you are of legal age to form a binding contract, 2) offering to purchase a product, and 3) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. Your receipt of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request. We reserve the right to refuse service to you and to limit the number of items ordered without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we have the right to cancel or refuse any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made, or if your account has been charged for the purchase and then the order is canceled, we will credit your account in the amount of the incorrect price.
PRIVACY NOTICE
Last updated June 2, 2021
Thank you for choosing to be part of our community at Rachel LeRoy Consulting, LLC, doing business as HipMaps (“HipMaps“, “we“, “us“, “our“). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at Hello@HipMaps.com.
When you visit our website https://HipMaps.com/ (the “Website“), use our mobile application, as the case may be (the “App“) and more generally, use any of our services (the “Services“, which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which, as described above, includes our Website and App), as well as, any related services, sales, marketing or events.
Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
- WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect may include the following:
Personal Information Provided by You. We collect names; email addresses; debit/credit card numbers; billing addresses; mailing addresses; phone numbers; and other similar information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Elavon (Converge Pay). You may find their privacy notice link(s) here: https://www.convergepay.com/converge-webapp/#!/legal/privacypolicy.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information – such as your Internet Protocol (IP) address and/or browser and device characteristics – is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information.
This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
The information we collect includes:
- Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
- Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.
Information collected through our App
In Short: We collect information regarding your geolocation, mobile device, when you use our App.
If you use our App, we also collect the following information:
- Geolocation Information. We will request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
- Mobile Device Data. We automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our App, we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID and information about the features of our App you accessed. This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.
- HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
- To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at Hello@HipMaps.com and be sure to include your name, testimonial location, and contact information.
- Request feedback. We may use your information to request feedback and to contact you about your use of our Services.
- To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
- To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
- Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
- Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
- To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
- WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
- Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Place API). To find out more about Google’s Privacy Policy, please refer to this link. We obtain and store on your device (‘cache’) your location for one (1) months. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.
- Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data on our behalf about how you interact with our Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
- WHO WILL YOUR INFORMATION BE SHARED WITH?
In Short: We only share information with the following categories of third parties.
We only share and disclose your information with the following categories of third parties. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?”
- Data Analytics Services
- Payment Processors
- User Account Registration & Authentication Services
- DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.
- IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other than your own.
Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see “WILL YOUR INFORMATION BE SHARED WITH ANYONE?” above), in the United States, and other countries.
If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.
European Commission’s Standard Contractual Clauses:
We have implemented measures to protect your personal information, including by using the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies and between us and our third-party providers. These clauses require all recipients to protect all personal information that they process originating from the EEA or UK in accordance with European data protection laws and regulations. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.
- HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
- HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
- WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here:
https://www.edoeb.admin.ch/edoeb/en/home.html.
If you have questions or comments about your privacy rights, you may email us at Hello@HipMaps.com.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
- Log in to your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To optout of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:
- Contact us using the contact information provided.
- CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
- DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with a Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a “resident” as:
- every individual who is in the State of California for other than a temporary or transitory purpose and
- every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as “non-residents.”
If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Category | Examples | Collected |
A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name | YES |
B. Personal information categories listed in the California Customer Records Statute | Name, contact information, education, employment, employment history and financial information | YES |
C. Protected classification characteristics under California or federal law | Gender and date of birth | NO |
D. Commercial Information | Transaction information, purchase history, financial details and payment information | NO |
E. Biometric Information | Fingerprints and voiceprints | NO |
F. Internet or other similar network activity | Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and application | YES |
G. Geolocation data | Device Location | YES |
H. Audio, electronic, visual thermal, olfactory, or similar information | Images and audio, video or call recordings created in connection with our business activities | NO |
I. Professional or employment-related information | Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us | NO |
J. Education Information | Student records and directory information | NO |
K. Inferences drawn from other personal information | Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individuals preferences and characteristics | NO |
We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
Rachel LeRoy Consulting, LLC DBA HipMaps collects and shares your personal information through:
- Targeting cookies/Marketing cookies
- Beacons/Pixels/Tags
More information about our data collection and sharing practices can be found in this privacy notice.
You may contact us by email at Hello@HipMaps.com, or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data.
Rachel LeRoy Consulting, LLC DBA HipMaps has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:
- Category A. Identifiers, such as contact details, like your real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name.
- Category B. Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history and financial information.
- Category F. Internet or other electronic network activity information, such as browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements.
- Category G. Geolocation data, such as device location.
The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under ” WHO WILL YOUR INFORMATION BE SHARED WITH?”.
Rachel LeRoy Consulting, LLC DBA HipMaps has not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Rachel LeRoy Consulting, LLC DBA HipMaps will not sell personal information in the future belonging to website visitors, users and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data – Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities. Right to be informed – Request to know
Depending on the circumstances, you have a right to know:
- whether we collect and use your personal information;
- the categories of personal information that we collect;
- the purposes for which the collected personal information is used;
- whether we sell your personal information to third parties;
- the categories of personal information that we sold or disclosed for a business purpose;
- the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
- the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us.
We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
- you may object to the processing of your personal data
- you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
- you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
- you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.
To exercise these rights, you can contact us by email at Hello@HipMaps.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
- DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such chah3nges or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
- HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), Rachel LeRoy, by email at Hello@HipMaps.com, by phone at 707-383-6909, or by post to:
Rachel LeRoy Consulting, LLC DBA HipMaps
Rachel LeRoy
PO Box 2211
Sonoma, CA 95476
United States
- HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by emailing us at Hello@HipMaps.com.
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