Last Updated – May 2024

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access Our Service or parts of our Service.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to HearingLoss.com, 1201 SE Tech Center Dr., Ste 110, Vancouver, WA 98683.
  • Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Country refers to the United States.
  • Data Controller means the entity responsible for the processing of Your personal information.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Personal Data is any information that that relates to You and allows Us to identify You, either directly or in combination with other information that We possess (please also see below for additional information) .
  • Service refers to the Website of HearingLoss.com or any of its applicable affiliates (as determined by HearingLoss.com from time to time).
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit) and as further described herein.
  • Website refers to www.hearingloss.com, accessible from: www.hearingloss.com.
  • You or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. When You use the Website, You may also be sent third-party cookies, which may be used for any lawful purpose and such purposes described herein. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless You have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering Your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter Your preferences every time You use the Website.

For more information about the cookies We use and Your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.

To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide You with news, special offers and general information about other goods, services and events which We offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.

To manage Your requests: To attend and manage Your requests to Us.

For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and Your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal 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.
  • With Affiliates: We may share Your information with Our affiliates, in which case We will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if We are required to retain Your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

CA, UT, CO, VA, and CT Users

Your Rights and Choices

Residents of CA, UT, CO, VA, CT provide consumers with specific rights regarding their personal information. This section describes Your rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that We disclose certain information to You about our collection and use of Your personal information over the past 12 months. Once We receive and confirm Your verifiable consumer request, We will disclose to You:

  • The categories of personal information We collected about You.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third-parties with whom We share that personal information.
  • The specific pieces of personal information We collected about You (also called a data portability request).

Deletion Request Rights

You have the right to request that We delete any of Your personal information We collected from You and retained, subject to certain exceptions. Once We receive and confirm Your verifiable consumer request, We will delete (and direct our service providers to delete) Your personal information from our records, unless an exception applies.

We may deny Your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act or applicable state law
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which You provided it.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by email.

Only You or a person registered with the applicable Secretary of State that You authorize to act on Your behalf, may make a verifiable consumer request related to Your personal information. You may also make a verifiable consumer request on behalf of Your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify You are the person about whom We collected personal information or an authorized representative.
  • Describe Your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to Your request or provide You with personal information if We cannot verify Your identity or authority to make the request and confirm the personal information relates to You. Making a verifiable consumer request does not require You to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If We require more time (up to 90 days), We will inform You of the reason and extension period in writing. If You have an account with us, We will deliver our written response to the registered email associated with the account. If You do not have an account with us, We will deliver our written response by mail or electronically, at Your option. Any disclosures We provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response We provide will also explain the reasons We cannot comply with a request, if applicable. For data portability requests, We will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to Your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If We determine that the request warrants a fee, We will tell You why We made that decision and provide You with a cost estimate before completing Your request.

E-Commerce

In addition to the terms herein, the following terms are incorporated into this Privacy Policy with respect to e-commerce activities through (directly or indirectly) HearingLoss.com:

Personal Data Collection

When You engage in e-commerce activities, such as making purchases or subscribing to services on HearingLoss.com, We collect certain Personal Data, which may include but is not limited to name, billing address, shipping address, email address, phone number, and payment details.

Data Usage

The Personal Data collected is used for order processing, transaction fulfillment, communication regarding orders, and customer support. Additionally, with explicit consent, We may use this information to send promotional offers, newsletters, or updates about relevant products and services.

Data Security

We prioritize the security of Your Personal Data. Protective measures such as encryption, secure servers, and regular security assessments are implemented to safeguard Personal Data from unauthorized access, disclosure, alteration, or destruction.

Third-Party Sharing

From time to time authorized third parties may need access to some of Your Personal Data. Certain Personal Data, including, without limitation, shipping information and payment details, may be shared with Our trusted third-party service providers strictly for limited purposes including, without limitation, fulfilling orders, processing payments, and delivering services. These third-party service providers are contractually bound to handle the information securely and are prohibited from using it for any other purposes. Certain business partners and vendors process personal information on behalf of Us and may only process Your personal data in accordance with the instructions given by Us and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures (except as otherwise provided herein, these third parties may not process Your Personal Data for their own purposes). To the extent We disclose or transfer Your Personal Data to third parties who may use Your Personal Data for their own purposes, such disclosure or transfer will only take place if it is in accordance with applicable law or with prior consent obtained from You.

We may share aggregated information publicly and with third parties (including, without limitation, other companies, organizations, individuals, or Our partners/trusted third-party service providers (e.g. publishers, advertisers or connected sites). For example, We may share aggregated information publicly to display trends about the general use of the Services.

The categories of third parties with whom We share Personal Data depend on, among other things, Our relationship or interaction with You. We may disclose Your Personal Data to certain third parties that provide valuable services to Us. Examples include, without limitation, companies or organizations to whom We provide products or services, other companies or organizations (affiliated and not affiliated with Us), in connection with routine or required reporting, including, without limitation consumer reporting agencies and other parties, and/or other parties, partners, and financial institutions.

The Website may contain links to other websites operated by third parties other than Us. Such links are provided for Your convenience only. We disclaim any control over, relationship with, or endorsement of any third-party websites that this Website may contain links to. You are advised to use discretion and judgment in browsing Our Website and any sites related or linked to it. The Internet contains material which may be inappropriate or sexually explicit, may be offensive to You, or may contain inaccurate information which may violate copyright, libel or defamation laws.

If You purchase any Services, goods, or other services from third parties or websites, We are not a party to that transaction and have no liability or responsibility with respect to that transaction. NOTHING CONTAINED IN THIS WEBSITE SHOULD BE CONSTRUED AS CONSTITUTING ANY PRODUCT WARRANTY OR AS EXPANDING OR OTHERWISE MODIFYING ANY PRODUCT WARRANTY.

Cookies and Tracking

We use cookies and similar technologies to enhance Your experience, track website analytics, and customize content. You have the option to manage cookie preferences through their browser settings.

User Rights

You have the right to access, modify, or delete their personal information held by HearingLoss.com. You may exercise these rights by contacting Us through the provided contact details.

Compliance

Our e-commerce practices adhere to applicable data protection laws and regulations, including but not limited to Health Insurance Portability and Accountability Act (“HIPAA”), CCPA, and any other applicable legislation.

Non-Discrimination

In the event that You exercise Your rights under any applicable law (privacy or otherwise), We will not penalize You, or discriminate against You in any manner, including, but not limited to: (i) unlawfully denying You use or access to the Services; (ii) unlawfully charging You higher prices or rates for Services, including by use of discounts, benefits, or penalties; or (iii) unlawfully providing or threatening to provide You a lower level or quality of Services.

Changes to Our Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. You are responsible for periodically visiting the HearingLoss.com website and this Privacy Policy to check for any changes. This Privacy Policy may be updated as necessary including, without limitation, due to changes in applicable law. This Privacy Policy will always include information on the effective date of the latest version. Updates to this Privacy Policy will be made as part of a general application update, provided that, if the changes of this Privacy Policy are regarded as material and significant, You will be expressly informed hereof.

Contact Us

If You have any questions regarding this Privacy Policy, data protection, or the processing of Your personal information, or any other related matters, You are always welcome to contact us at [email protected].