Privacy policy

Effective Date: April 20, 2026

Introduction

HeatSense LLC ("we," "our," or "us") is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, disclose, and safeguard your personal information when you use our services, including our website, mobile applications, and any other services that link to this policy (collectively, the "Services").

If your use of the Services is managed by a school, team, or athletic program (a "Managing Entity"), their separately executed Data Collection Agreement with HeatSense governs data handling for that institutional relationship and controls over this Policy on matters of institutional data handling in the event of conflict.

Information We Collect

The types of personal information we obtain about you depend on how you interact with our Site and use our Services. When we use the term "personal information," we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Personal Information: Name, email address, mailing address, phone number, and other contact details.
Account Information: Username, password, and other identifiers used to access our Services.
Order Information: Your name, billing address, shipping address, payment confirmation, email address, and phone number.
Customer Support Information: The information you choose to include in communications with us, for example, when sending a message through the Services.
Health and Wellness Data: Information related to your physiological metrics, such as body temperature, heart rate, skin temperature, and other wellness-related data collected through our devices or applications.
Device Information: Details about the devices you use to access our Services, including hardware model, operating system, and unique device identifiers.
Usage Data: Information about how you use our Services, including access times, pages viewed, and the routes by which you access our Services.
Location Information: Precise or approximate location data.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

Information We Collect about Your Usage

We may also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.

Information We Obtain from Third Parties

We may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

Companies who support our Site and Services, including but not limited to Shopify.
Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.
Third-Party Login Information: When you choose to sign in or create an account using Google Sign-In, Apple's "Sign in with Apple," or other approved third-party login methods, we receive only the information you choose to share through that service, which may include your name, email address, or an anonymized relay email address (Apple). If you choose to hide your email address, Apple provides a unique, random address that forwards messages to your actual email. We use this information solely for account creation, authentication, and communication related to your account. We do not use this information for advertising or tracking without your express consent.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy.

How We Use Your Information

We use the information we collect for the following purposes:

Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, send notifications related to your account, purchases, returns, exchanges or other transactions, create and manage your account, arrange for shipping, facilitate any returns and exchanges, and other features and functionalities related to your account. We may also enhance your shopping experience by enabling Shopify to match your account with other Shopify services that you may choose to use. In this case, Shopify will process your information as set forth in its Privacy Policy and Consumer Privacy Policy.
Marketing and Advertising. We may use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.
Personalization. To personalize your experience and deliver content and product offerings relevant to your interests.
Communicating with You and Service Improvement. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.
Research and Development. To analyze usage trends and improve our Services.
Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.
Physiological and Sensor Data. We use data collected through HeatSense devices and the platform in accordance with the data license described in our Terms of Service and, where applicable, your institution's Data Collection Agreement. For full details on how we handle, retain, and protect this data — including your rights — see Data Retention and Your Rights below.

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and service providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

Please note that while your browser may allow you to transmit a "do not track" signal, like many websites, our Site is not designed to respond to such signals. To learn more about "do not track" signals, you can visit http://www.allaboutdnt.com/.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for contract fulfillment purposes, legitimate purposes and other reasons subject to this Privacy Policy. Such circumstances may include:

With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
With business and marketing partners to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We have in the past 12 months disclosed the following categories of personal information and sensitive personal information about users for the purposes set out above in "How We Collect and Use Your Personal Information" and "How We Disclose Personal Information":

Categories of Recipients

Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers).
Business and marketing partners.
Affiliates.

We do not use or disclose sensitive personal information without your consent or for the purposes of inferring characteristics about you.

Data Access & Visibility

HeatSense limits access to identified information by default. Within an organization, identified data is visible to that institution's designated personnel under its own policies. HeatSense personnel access identified records only for customer support purposes, and only when authorized by you or your Managing Entity.

SMS Communications & Alerts

HeatSense offers SMS (text message) alerts as part of our real-time monitoring service. These messages may include athlete-specific alerts, threshold warnings, and performance-related notifications—based on the preferences you select within your account settings.

How SMS Alerts Work

You'll only receive SMS alerts if you opt in by enabling them in your user profile.
Message frequency is determined by the alert types you activate.
You can update or disable these alerts at any time through your HeatSense account or by replying STOP to any message.
Replying HELP will provide support options.

Message & Data Rates

SMS messages are included as part of your HeatSense membership; however, standard message and data rates may apply based on your mobile carrier plan. HeatSense is not responsible for any charges billed by your carrier.

Third-Party Messaging Partner

We use Twilio, a trusted third-party provider, to manage and deliver all SMS alerts. Twilio's data handling complies with industry-leading security and privacy standards. Phone numbers are securely stored and used exclusively for HeatSense-related communications. We do not sell or share your phone number with any third parties for marketing purposes.

Opting Out

Reply STOP to any message; or
Update your alert settings directly in the HeatSense app or dashboard.

Please note: Opting out of SMS alerts will prevent HeatSense from delivering real-time notifications to your phone, which may affect your ability to receive timely information.

Managing Entities

If your use of the Services is managed by an organization, that organization controls team-level access to identified information in accordance with its policies; please direct privacy requests to that organization, as HeatSense acts as its service provider.

Third Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Data Retention and Your Rights

We retain your personal information for as long as necessary to provide our Services and fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

Right to Access / Know: You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
Right to Delete: You may have a right to request that we delete personal information we maintain about you.
Right to Correct: You may have a right to request that we correct inaccurate personal information we maintain about you.
Right of Portability: You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights where indicated on our Site or by contacting us at support@heatsense.com.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

HeatSense's Rights in Anonymized and Derived Data

HeatSense creates "HeatSense Data" — de-identified and aggregated data, standards, insights, or metrics developed or generated by HeatSense from user data across the platform. HeatSense is the controller of HeatSense Data, which may no longer qualify as personal data due to aggregation or de-identification.

By using the Services, you authorize HeatSense to combine in wholly de-identified and aggregated form your data with existing and future HeatSense Data to create enhanced HeatSense Data for HeatSense's and its partners' general business use, on a royalty-free, worldwide, irrevocable, perpetual, sublicensable, and transferable basis.

HeatSense owns all Derived Data — trained algorithms, predictive models, Thermal Response indices, scoring systems, and performance insights created from platform data. Your right to delete your identified personal data does not extend to Derived Data, which is a platform asset that cannot be disaggregated once created. HeatSense does not sell HeatSense Data or Derived Data to third parties as standalone products.

FERPA and Student-Athlete Data

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, may apply to student-athlete data processed through the HeatSense platform when deployed by a school, college, or university that receives federal education funding.

HeatSense addresses FERPA compliance through two primary mechanisms:

De-identification by default. HeatSense's name obfuscation feature is designed to satisfy FERPA's de-identification standard. Athlete names and direct identifiers are replaced with anonymized tokens in HeatSense systems by default. De-identified data is not subject to FERPA restrictions. This means that HeatSense's use of anonymized data for product improvement and algorithm development occurs outside the scope of FERPA.
Institution-managed consent for identified data. Where any access to identified student-athlete records is required, the Institution is solely responsible for obtaining all consents required under FERPA, COPPA, and applicable state law before granting such access. HeatSense relies on the Institution's representation that required consents are in place. The Institution's Data Collection Agreement with HeatSense sets out these obligations in detail.

HeatSense does not independently verify FERPA compliance by institutions and is not liable for an institution's failure to obtain required consents. If you have questions about how your institution manages your student records in connection with HeatSense, please contact your institution directly.

Security

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, loss, misuse, or alteration. However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use insecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Children's Privacy

Our Services are not intended for individuals under the age of 13, and we do not knowingly collect personal information directly from children under 13 without the required verifiable parental consent under applicable law.

In cases where access to the Services is provided by a school, team, or other organizational entity (each, a "Managing Entity") for use by children under 13, it is the sole responsibility of the Managing Entity to ensure that any required parental consents are obtained prior to a child's use of the Services. HeatSense relies on the Managing Entity to confirm such consent and does not independently verify the age of users associated with an institutional deployment.

If we become aware that personal information has been collected directly from a child under 13 without proper authorization or consent as required by law, we will take reasonable steps to delete such information as soon as possible.

International Data Transfers

Your information may be transferred to and maintained on servers located outside your state, province, country, or other governmental jurisdiction where the data protection laws may differ. By using our Services, you consent to such transfers.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

If you are a Texas resident, the Texas Data Privacy and Security Act (TDPSA), Tex. Bus. & Com. Code §§ 541.001 et seq., provides you with rights regarding your personal data collected through the HeatSense platform. These rights include the right to access, correct, delete, and obtain a portable copy of your personal data. To exercise TDPSA rights, contact us at support@heatsense.com.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new policy on this page and updating the "Effective Date" at the top.

Contact Us

If you have any questions about this Privacy Policy, please contact us at:

HeatSense LLC
Email: support@heatsense.com
Website: heatsense.com