Privacy Policy

Effective Date: 1 January 2025

This Privacy Policy explains the privacy practices governing the types of information collected through the website Goin' Poetic (https://www.goinpoetic.com/) (the “Site”) owned and operated by Linda Goin, MA under the umbrella of Hyperdivergent (https://www.hyperdivergent.com/) (“Company”, “we,” “our” or “us”), our use of that information, and your privacy choices and rights.

This Privacy Policy applies to the information we collect from or about you from:

• Your use of the Site;
• Your purchase of products available for purchase on the Site (“Products”);
• Your signing up for a freebie and/or our email list through the Site (the “Email List”); and/or
• Your creation of an account through the Site, if/when we make that feature available.

You must read this Privacy Policy carefully because when you use the Site, you are consenting to the collection, processing, and retention of your information as described in this Privacy Policy. If you have questions about the Privacy Policy, you can contact us at info@hyperdivergent.com.

If you do not agree with any part of this Privacy Policy, you may not use the Site.

If you are in the European Economic Area and you use this site, you consent and permit to the transfer of your data from the European Economic Area to the United States only for purposes laid out in this Privacy Policy.

I. Information We Collect

We collect information that falls into three categories: information you voluntarily provide, information that your computer, mobile phone, tablet, or other device (all referred to as “Device”) or browser provides automatically, and information collected via certain data tools (such as cookies and pixels).

A. Information You Voluntarily Provide.

When you interact with our Site, we, or our service providers (acting on our behalf), collect “Personal Information” -- information that relates to you as an identifiable individual -- that you intentionally and actively provide to us, such as your first and last name, address, email address, and when necessary, credit card or bank information. We collect this information when you: 

• Purchase something from our store, as part of the buying and selling process; 
• Make arrangements to return a Product you have purchased (if permitted under the Terms of Use); 
• Inquire about a Product or our Site;
• Create an account on our Site; or 
• Sign up for an Email List or to receive our newsletter and/or marketing communications. 

B. Information About You That Is Provided Automatically

When you browse our Site, we also automatically receive your computer’s internet protocol (IP) address as well as other information that helps us learn about your browser and operating system (“Usage Information”). Usage Information includes your Device type, your unique Device identifier, your location, and the type of browser software and operating system you are using.

C. Cookies and Other Data Tools.

We, and/or our third party service providers, use “cookies” (data files placed on a Device when it is used to visit our Site) and other identifiers to collect Usage Information, for security purposes, to enable you to use the Site, to collect information regarding your preferences, to allow you to share content via social media when you are logged in to a particular platform, to deliver relevant advertising to you, and to generally make the Site perform better.

We use a tool called “Google Analytics” to collect information about visitors’ use of this Site. Google Analytics collects information such as how often users visit this Site, how users find the Site, and what pages they visit. We use the information we get from Google Analytics to improve this Site. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. To opt-out of Google Analytics, please use Google’s opt-out tool: https://tools.google.com/dlpage/gaoptout. 

You can opt out of cookies, but if you do, some features of the Site may not work correctly. To learn how to reduce the number of cookies you receive or delete cookies that have already been installed in your browser’s cookie folder, you can check your browser’s help menu or other instructions related to your browser. (For example, Safari has a help article entitled “Manage cookies and website data in Safari on Mac,” and Firefox currently has a variety of optional security features, including blocking cross-site tracking cookies and sending websites a “Do Not Track” signal that you don’t want to be tracked.)

The Site contains “web beacons” or clear GIFs, or similar technologies, which are small pieces of code placed on a web page or in an email, to monitor the behavior and collect data about the visitors viewing a web page or email. For example, web beacons may be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. Web beacons may also be used to provide information on the effectiveness of our email campaigns (e.g., open rates, clicks, forwards, etc.).

The Site will also feature social buttons from networks such as Instagram, Facebook, Blue Sky. To do so we embed code that they provide. We do not control that code ourselves. In order to function, their buttons generally know if you’re logged in. We do not have any access to that information, nor can we control how those networks use it.

If you access the Site via a mobile app, we use additional identifiers, such as the advertising ID provided by Apple or Android, for similar purposes.

II. How We Use Your Information

We use the Personal Information we collect about and from you:

            To perform our responsibilities under a contract we have with you. For example:

If you buy a Product through the Site, we will need to use your Personal Information to process your order and to enable delivery;
If we need to exercise a right or perform an obligation under the Terms of Use (located at https://www.hyperdivergent.com/tos); and
If you submit a support ticket or make an inquiry through the Site, we will need to use your Personal Information in order to respond.

When we have a legitimate interest to do so – in other words, when it supports and achieves the aims of the Company. For example:

• To prevent fraud and protect the security of our Site;
• To enforce our Terms of Use;
• To communicate updates and improvements;
• To develop and optimize our products and services;
• To help us provide and operate the Site;
• To advertise and market to you, which includes i) making offers and content made available to you based on your interests and usage of the Site and ii) analyzing the performance of the ads, offers and content on or originating from the Site, as well as your interaction with them; and
• To comply with our legal obligations.

         With your consent. For example:

• We send marketing communications to you if you consent to receive them; and
• We do not share your Personal Information with third parties for their direct marketing purposes without your consent.

         As otherwise required by applicable law. For example:

• Protecting someone’s rights;
• When necessary to perform a legal obligation or request from a governmental authority or similar body.

 While we rely on your consent as a legal basis for collecting and processing your information, if you consent to a particular use of your information and you ultimately change your mind, you may withdraw your consent at any time by contacting us at info@hyperdivergent.com or sending us physical mail at the address below. If you withdraw your consent, we will not use your information going forward.

If you no longer wish to receive email marketing communications, you may use the unsubscribe link located at the bottom of that communication.

III. How We May Share Your Information

A. Service Providers. We share your Personal Information with other service providers that we have engaged to perform business-related functions for us (“Service Providers”). This includes service providers that:

• conduct research and analytics;
• create content for Company;
• provide customer, technical or operational support;
• conduct or support marketing (such as email marketing platforms);
• host the Site;
• maintain databases;
• send or support online advertising;
• confirm, process, or fulfill Product orders; and
• otherwise support or help us provide the Site.

These Service Providers may use your Personal Information to help us perform necessary actions that support those activities.

Our online store is hosted by EBay, which provides us with an e-commerce platform to process payments and sell our products and services. If you choose to pay with a credit card to complete your purchase, then EBay stores your credit card data. We do not have access to your full credit card information. You can read more about how EBay uses your Personal Information here: https://www.ebayinc.com/company/privacy-center/privacy-notice/.

B. Business Transfers. We will share your Personal Information if we are acquired or purchased by, or merge with, another company, or if we otherwise reorganize our business. However, if that happens, any acquirer of that information will be subject to the provisions of our commitments to you in this Privacy Policy!

C. Legal Disclosure. We may transfer and disclose information, including your Personal Information, to third parties to comply with a legal obligation or subpoena, when we believe in good faith that the law requires it, at the request of governmental authorities conducting an investigation, to verify or enforce our Terms of Use, Privacy Policy or other applicable policies, to respond to an emergency, or otherwise to protect the rights, property, safety, or security of the Site, third parties, visitors to the Site, or the public.

IV. Your Privacy Choices, Rights, and Access

A. In General.

You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information or offers, to delete information we have collected and maintained about you, or not to send you emails or other communications by:

• sending us an email at info@hyperdivergent.com; or
• following the removal or unsubscribe instructions in the communication that you receive.

If you wish to verify, correct, or update any of your Personal Information collected through the Site, or request access to all information that we have collected and maintain about you, you may contact us at the email or address included in the Contact Us section below. In accordance with our routine record keeping, we may delete certain records that contain Personal Information that you have submitted through the Site. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups or other technology-related reasons.

B. For Individuals in the European Economic Area

If you are in the European Economic Area, you have certain rights related to the Personal Information we hold about you:

• Access. You have the right to access the Personal Information we hold about you. If you wish to obtain a copy or description of the Personal Information we hold about you, please contact us using the contact details set out below. We may ask you to verify your identity and to provide further details about your request.
• Accuracy/Rectification. We will do our best to ensure the Personal Information we retain about you is accurate. We may from time to time send you an email update to remind you to tell us about any updates or changes to your Personal Information. You have the right to request that any inaccurate Personal Information is corrected, and any incomplete information is completed by contacting us using the contact details set out below.
• Deletion/Erasure and Processing Restriction Requests. You have the right to request that we delete Personal Information that we hold about you. You also have the right to ask us to stop processing your Personal Information, subject to certain exceptions. If you would like us to erase or stop processing the Personal Information that we hold about you, please contact us using the contact details set out below.
• Portability Requests. You have the right to request that we provide certain parts of your Personal Information to you or transmit it directly to another company that processes Personal Information. If you would like us to transfer your Personal Information, please contact us using the contact details set out below.
• Withdrawing Your Consent to Receive Marketing Messages. You may ask us to stop using your Personal Information for advertising or marketing purposes at any time. If you wish to do this, please follow the removal instructions in any communication you receive or send us an email to info@hyperdivergent.com with “UNSUBSCRIBE” in the subject line.
• Damages. You may have the right to claim compensation for damages caused by our breach of any data protection laws.

In addition, if you are in the European Economic Area and you have any complaints about how we use your Personal Information, you have the right to lodge a complaint with the data protection authority in your country. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

For further information on each of the above-mentioned rights, including the circumstances in which they apply, see this Guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation.

The Site is governed by and operated in accordance with the laws of the United States. We make no representation that the Site is governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. The laws of the United States may not protect the privacy of your information at the same level as provided by the laws of your country. We transfer and process Personal Information only as permitted under this Privacy Policy.

C. Rights of California Residents

California residents are entitled once a year, free of charge, to request and obtain a list of all third parties to whom their personally identifiable information was provided for their direct marketing purposes in the preceding calendar year (e.g., requests made in 2024 will receive information about 2023 sharing activities). Company does not disclose any user information to third parties for third party marketing purposes, so we are not required to comply with this law.

The California Consumer Protection Act (or “CCPA”) has additional protections for California residents. Though Company does not buy or sell Personal Information of any of its users, Company will honor the request of any California resident that makes any of the following requests:

• An inquiry as to what Personal Information Company has about the user and what Company does with that information;
• A request to delete the user’s Personal Information; or
• A request not to sell the user’s Personal Information.

V. A Note on Links to Other Websites

The Site may contain links to other websites, maintained by third parties. These links are provided only as a convenience to you. Company has no control over, and is not responsible for any content, products or services offered by or found on third party sites, or their privacy policies or practices. Links to third party sites do not constitute Company’s assumption of liability for or sponsorship, endorsement or approval of these sites or the content contained on these sites. The information practices on those websites may be different from ours and are not covered by this Privacy Policy. Please consult the privacy notices on those websites to learn more about their practices.

VI. Children

We do not knowingly collect information from children under 18 years of age. If we learn that a child under the age of 18 has provided us with any Personal Information without first receiving their parent or guardian’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Site. We will then dispose of such Personal Information in accordance with this Privacy Policy. If you believe we may have any information from or about a child under the age of 18, please contact us at info@hyperdivergent.com.

VII. Storage of Your Information

We will generally store information associated with your account until it is no longer necessary to provide services to you, until you ask us to delete it, or until your account is deleted, whichever comes first; but there are some exceptions to this general rule. We will retain information from deleted accounts to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, process warranty claims, distribute important product information (such as recall information), enforce our agreements, and take other actions permitted by law.

You can request deletion of your Personal Information at any time by contacting us using the contact details set out below. Note: If you request that data we maintain about you be deleted or erased, no one (neither us nor you) will be able to recover that information later.

VII. Security: We Cannot Guarantee the Security of the Site

The Site uses an SSL (or "secure sockets layer") certificate, which provides secure, encrypted communications between a website and internet browser. We take seriously our obligation to safeguard the confidentiality, security, and integrity of personal information collected from our users. We limit access to your Personal Information to those who have a genuine business need to know it. You should be aware, however, that no system is completely secure from hackers and network failure and error, and we cannot guarantee the confidentiality, security and integrity of information maintained on our Site for that reason.

In other words, although we will use all reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot guarantee that your information will always be secure.

Email is not a secure form of communication. Please do not send us your credit card number, social security number or other sensitive or Personal Information via email.

We have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

IX. Changes

We may update and post revisions to this Privacy Policy from time to time and will update the Effective Date when we do so. If our Privacy Policy changes in a way that significantly affects how we handle your Personal Information, we will not use the Personal Information we currently maintain without providing you notice or obtaining your consent, where appropriate. We encourage you to review this page for the latest information about our privacy practices.

X. Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us by email at info@hyperdivergent.com.

Linda Goin, MA

Louisville, Kentucky