Effective Date: 4/22/2015
[Although our computer systems are currently based in the United States of America, we operate internationally. Your personal data will be processed by us in the United States where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world, such as in the European Union. By visiting the LISTENCLEAR Sites from outside the United States, you consent to the collection and processing in the United States of your identifiable information.]
1. THE INFORMATION WE COLLECT
Our primary goal in collecting personal information is to provide a smooth, efficient, and personalized experience. This allows us to provide products and features that most likely meet your needs, and to customize our service to provide an easier and quicker experience. We use the information that you provide to respond to your requests, sell hearing aids and related supplies to you, assist our sales team to reach an appropriate audience, [improve our stores] and the LISTENCLEAR Sites, and communicate with you. Here are the types of information we gather.
- Information You Give Us. You can enter certain information on the LISTENCLEAR Sites, including your name, age, e-mail address, credit card information or other site registration data, and your URL. You can choose not to provide certain information, but then you might not be able to take advantage of some of the features and promotions within the LISTENCLEAR Sites
- Cookies. Like many websites, LISTENCLEAR makes use of “cookies” on the LISTENCLEAR Sites. If you do not know what cookies are, or how to control or delete them, then we recommend you visit http://www.aboutcookies.org for detailed guidance. A cookie is a file transferred from a website to the hard drive of your computer so that the website may track your activities. Cookies, by themselves, do not let a website know any personally identifying information about you, such as your real name, address, etc., unless you previously provided that information at the website or have set your preferences in your browser to provide that information. LISTENCLEAR does not collect personally identifiable information about any one person using cookies. Cookie technology allows LISTENCLEAR and its third party vendors (like Google, affiliates and retargeting companies) to keep track of the sites you visit and store your preferences. Currently we operate under an “implied consent” policy which means that we assume that our cookie usage as described in this Agreement is acceptable to you. If this is not acceptable, then you should either not use the LISTENCLEAR Sites, or you should delete LISTENCLEAR’s website cookies after visiting the LISTENCLEAR Sites, or you should browse the LISTENCLEAR Sites using your browser’s anonymous usage setting (currently called “Incognito” in Chrome, “InPrivate” for Internet Explorer, “Private Browsing” in Firefox and Safari etc.). We and our third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Steelhouse cookie) together to inform, optimize, and serve ads based on someone’s past visits to the websites. By “first-party” cookie, we mean a cookie that comes directly from our vendors, like Google or DoubleClick (both are owned/controlled by Google). A “third-party” cookie does not come directly from our vendor, but from a third-party that works with our vendor. Finally, LISTENCLEAR websites use session cookies to track your log-in history and what products are added to the shopping cart/basket. These cookies are necessary for the websites to work and various site functionality will break upon disabling them.
Notice to California Residents: California law requires us to inform you how we respond to web browser “Do Not Track” signals. Our Site does not currently support “Do Not Track” codes, meaning that we do not respond to, or take any action with respect to, “Do Not Track” requests
- Surveys. Occasionally, LISTENCLEAR will request you to fill out a user survey. Such surveys are optional to you, the users, but these surveys allow LISTENCLEAR to better understand the demographics and interests of our users. Your responses in combination with the responses of our other users help LISTENCLEAR to improve the LISTENCLEAR Sites.]
- E-Mail. If you contact LISTENCLEAR through the regular mail or via e-mail, LISTENCLEAR may keep a record of that correspondence. Any personally identifiable information contained within your communication will not be used for a commercial or unlawful purpose.
- Web pixels. Our Web pages contain electronic images known as Web pixels (sometimes called single-pixel gifs or beacons) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
- Social buttons. On many of the pages of the site you will see ‘social buttons’. These enable users to share or bookmark web pages. There are buttons for: Twitter, Google+, Facebook ‘Like’, and Instagram ‘Share’ for example. In order to implement these buttons, and connect them to the relevant social networks and external sites, there are scripts from domains outside of LISTENCLEAR. You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, including on the LISTENCLEAR Sites. So if you click on any of these buttons, these sites will be collecting that action and may use that information. In some cases these sites will be registering the fact that you are visiting an LISTENCLEAR Site, and the specific pages you are on (even if you don’t click on the button) if you are logged into their services, like Google and Facebook. You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out, or delete, such information.]
- Payment Processing. Our external payment provider[s], Authorize.net, require billing address information to process credit card and other types of financial payment transactions.
2. HOW WE USE THE INFORMATION
LISTENCLEAR puts the non-personally identifiable information gathered whenever you visit the LISTENCLEAR Sites and the information volunteered by you to several uses.
- Your IP address is used to assist us in diagnosing problems with our server and to administer the LISTENCLEAR Sites. As discussed above in Section 1(b), IP addresses are used by your computer every time you are connected to the Internet. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the web pages you request) can be sent to you. We will not use your IP address to attempt to identify your personal information.
- We may use the information provided to perform statistical analyses of the characteristics and behavior of the users and decide where to invest our resources. We may use this information to update the LISTENCLEAR Sites, to notify you about information that may be of interest to you, or display content for which you may have shown a preference.
- We may use personal contact information volunteered by you for promotional and/or marketing purposes.
- If you provide us with your telephone number, you will only receive a telephone call from us with information in relation to a request from you or order of a product from out site.
- There may be additional uses associated with our use of Google Analytics, Display Advertising, affiliates, and retargeting companies which are discussed herein.
- A “referrer” is the information passed along by a web browser that references the Web URL you linked from, and is automatically collected by our web server as “traffic data”. We reserve the right to use this information to identify broad demographic trends that may be used to provide information tailored to your interests. You will not be personally identified from this information.
- System information that we collect as part of “traffic data” includes time, the type of web browser being used, the operating system/platform, and CPU speed. This information is sent automatically by your web browser when you are connected to a web site. We reserve the right to use this information for purposes of identifying broad demographic trends and may be used to provide information appropriate for your computer system. You will not be personally identified from this information.
- Payment Processing. LISTENCLEAR takes online payments for purchases. We currently use Authorize.net as a payment provider. In addition to the information outlined above, we require the billing address of the credit card you use so that we can pass this data to the respective payment providers who check the address against the cardholder’s details for security purposes. We store encrypted credit card details on our server using 1024-bit key. We also use the billing details in case we need to contact you regarding payments e.g. for an outstanding invoice or failed transaction. Transaction details provided to payment providers are done securely using industry standard SSL (Secure Sockets Layer) encryption.
3. WHAT INFORMATION DO WE SHARE WITH THIRD PARTIES?
- Unless required by law, user information provided by you, including but not limited to demographic information, will not knowingly be shared with third parties that are unaffiliated with LISTENCLEAR, except as otherwise provided herein.
- User information provided by you, including but not limited to demographic information, may be shared with affiliates, contractors or partners of LISTENCLEAR, and may be used for promotional and/or marketing purposes or to otherwise provide services to us and/or to you.
- LISTENCLEAR responds to subpoenas, warrants or other court orders regarding information that is contained within access logs concerning any user. LISTENCLEAR also reserves the right to release the information concerning a user who we believe is in violation of our content guidelines, even without a subpoena, warrant, or other court order. LISTENCLEAR cooperates with law enforcement agencies in identifying those who use our servers for illegal activities. We also reserve the right to report any suspected illegal activity to law enforcement for prosecution.
- LISTENCLEAR may at some point sell all or part of its business or assets to a third-party. User data is an asset that may be transferred as part of such a transaction.
- We have also implemented and use Google Display Advertising and Google Analytics. The Google Analytics features we have implemented based on Displayed Advertising include but will not be limited to Google Remarketing and Google Shopping. We use Google Remarketing with Google Analytics to advertise online and will be using additional features and services in the future. Consequently, third-party vendors, including Google, show our ads on websites across the Internet.]
4. WHAT CHOICES DO I HAVE TO CONTROL MY INFORMATION?
You have the opportunity to opt-out of receiving communications from us and/or to opt out of permitting us to share your information with affiliates and our third-party vendors by sending us an email at info@ListenClear.com or sending us a letter and telling us that you do not want us to send you any communications and/or permit us to share your information with our affiliates or third-party vendors.
If you have submitted personally identifiable information through a LISTENCLEAR Site, or if someone else has submitted such information, and you would like to review, request changes or have that information deleted from our databases, please contact us via e-mail or send a letter to our Web Manager at the address indicated above. We will then use reasonable efforts to change or remove such information from our files, unless we are entitled or required to retain it pursuant to other agreements or by law. You may also contact us through either of the above methods to request or review the personally identifiable information that we have collected about you. We will use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information.
You can also opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Preference Manager. The Google Analytics opt-out browser add-on can be found at: https://tools.google.com/dlpage/gaoptout
Your California Privacy Rights
If you are a resident of California, Section 1798.83 of the California Civil Code entitles you to request information from us regarding our disclosure of your personal information to third parties for direct marketing purposes. To make such a request, please contact at the email address or address noted at the beginning of this Section 4.
5. THE PRIVACY OF MINORS
- LISTENCLEAR believes that it is particularly important to protect the privacy of minors online. LISTENCLEAR defines a “minor” as any person less than 18 years of age. LISTENCLEAR does not knowingly collect, use or share personal information about minor users with third parties without a parent’s permission. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), YOU ARE NOT PERMITTED TO COMPLETE ANY PURCHASES OR OTHER TRANSACTIONS OR ENTER OR PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOURSELF WITHOUT THE PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN.
- The LISTENCLEAR Sites are directed toward and designed for use by persons aged eighteen (18) years or older (or over the age of majority in the jurisdiction in which you reside), users that can form legally binding contracts under applicable law, and those teenage users between the ages of thirteen (13) and eighteen (18) years of age that possess parental or guardian consent to use and access the LISTENCLEAR Sites. We will not approve applications of, or establish or maintain accounts or memberships for, any child that we know to be under the age of 18. We do not solicit or knowingly collect personally identifiable information from children under the age of 18. If we nevertheless discover that we have received personally identifiable information from an individual who indicates that he or she is, or that we otherwise have reason to believe is, under the age of 18, we will promptly delete such information from our systems. Additionally, a child or a child’s parent or legal guardian may request that the child’s information be corrected or promptly deleted from our files by contacting our Web Manager at the e-mail address or mailing address set out above. Please note that your request does not ensure complete or comprehensive removal of the information, as for example, some of your information may have been reposted by a third party as permitted herein.
6. HOW DO WE PROTECT THE USER DATA WE COLLECT?
We employ several physical, electronic and managerial safeguards to protect collected user data. Such data is stored in secure operating environments that are not available to the public. Our employees are required by us to maintain and uphold your privacy and security and are aware of our privacy and security policies. Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. As a result, while we strive to protect your personal information, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK. In particular, we have no liability for disclosure of information due to errors in transmission or unauthorized acts of third parties.
- All users should be aware while using any service where you disclose personal information online voluntarily, including on message, blog, rant or bulletin boards, or through e-mail, that such information can be collected and used by others. If you use these services on the LISTENCLEAR Sites and voluntarily provide any information on our rant or user feedback areas, you do so at your own risk. LISTENCLEAR cannot make any representations regarding the security of such transfer of information.
- You should be aware that the LISTENCLEAR Sites contain links to outside sites. LISTENCLEAR is not responsible for the privacy practices or the content of such websites.
8. CONTACTING LISTENCLEAR